Madras High Court
CRP/3787/2026 of G.Munusamy Vs E.Duraikannu @ Durai on 13 August 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.08.2026
CORAM
THE HON'BLE MR.JUSTICE P.B. BALAJI
CRP No.3787 of 2026
& CMP.No.16435 of 2026
G.Munusamy
..Petitioner
Vs
1.E.Duraikanni @ Durai
2.D.Srinivasan
3.J.Kamalakannan
..Respondents
Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the order dated 17.04.2026 made in I.A.No.4 of 2025 in O.S.No.32 of 2023 on the file of the District Munsif, Tambaram.
For Petitioner(s):
Mr.S.Vasudevan
For Respondent(s):
R1 died
No appearance for RR2 & 3
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ORDER
Despite a direction issued by this Court vide order dated 05.08.2026 and the name of the counsel, who appears for the respondent before the Trial Court also being printed in today’s cause list, there is no appearance on behalf of the contesting 2nd respondent. This Court has already recorded the fact that the 1st respondent is no more and since he has already settled the property in favour of the 2nd respondent during his lifetime, today, in view of the fact that the contesting 2nd respondent has not shown any interest to pursue the revision petition, I proceeded to hear Mr.S.Vasudevan, learned counsel for the revision petitioner.
2. The revision petitioner is the plaintiff in O.S.No.32 of 2023 on the file of the learned District Munsif, Tambaram. According to the learned counsel for the petitioner, there is a connected suit is pending in O.S.No.476 of 2023 before the District Court, Chengalpet and in the interest of both parties and to avoid multiplicity of proceedings and conflicting orders, both the suits have to be necessarily tried together.
3. In fact, that is the reason why the petitioner was not willing to enter the witness box, despite the suit being posted for trial. It is only on this ground that I have also entertained the revision and also granted an interim order, despite the fact that the plaintiff himself was seeking to stall the trial of the proceedings, in one of the suits.
4. In the light of the above, I am inclined to exercise the power under Section 24 of CPC and suo motu transfer O.S.No.32 of 2023 pending on the file of the District Munsif, Tambaram, to be tried along with O.S.No.476 of 2023, by way of joint trial by the District Court, Chengalpet. The District Munsif,
Tambaram, shall ensure that the entire records are despatched to the District Court, Chengalpet, without any delay.
5. The Civil Revision Petition is disposed of, with the above direction. No costs. Connected Civil Miscellaneous Petition is closed. 13.08.2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No ATA To
1. The District Munsif, Tambaram.
2. The District Court, Chengalpet.
P.B.BALAJI, J. ATA CRP No.3787 of 2026 13.08.2026