Madras High Court
CRP/6745/2026 of Selvarasu Vs Raja on 27 October 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27-10-2026
CORAM
THE HON'BLE MR JUSTICE N.ANAND VENKATESH
Civil Revision Petition No.6745 of 2026
& CMP.No.29042 of 2026
CNR:{HCMA012187732026}
1. Selvarasu
S/o Ramasamy Pillai,
Panaiyandur Village,
Tittagudi Taluk.
2. Murugesan
S/o Periyasamy,
Panaiyandur Village,
Tittagudi Taluk.
...Petitioners
Vs
1. Raja
S/o Ponnusamy,
Panaiyandur Village,
Tittagudi Taluk.
2. Ramachandran
S/o Ramasamy Pillai,
Pannaiyandur Village,
Tittagudi Taluk.
3. Sampath
S/o Muthusamy Servai,
Devar Nagar,
Panaiyandur Village,
V.Mamandur Post,
Cuddalore District.
4. Pandurangan,
S/o Rengasamy Servai,
Panaiyandur Village,
V.Mamandur Post,
Cuddalore District.
5. Muthusamy,
S/o Rengasamy Servai,
Panaiyandur Village,
V.Mamandur Post,
Cuddalore District
6. Muthu,
S/o Kathirvel Servai,
Panaiyandur Village,
V.Mamandur Post,
Cuddalore District.
...Respondents
PETITION under Article 227 of The Constitution of India against the order and decretal order dated 16.7.2026 made in I.A.
No.166 of 2026 in O.S.No.29 of 2023 on the file of Principal District Munsif Court, Tittagudi, Cuddalore District.
For Petitioners:
Mr.S.Senthilnathan
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ORDER
This civil revision petition has been filed under Article 227 of The Constitution of India against the order dated 16.7.2026 made in I.A.No.166 of 2026 in O.S.No.29 of 2023 on the file of Principal District Munsif Court, Tittagudi, Cuddalore District (for short, the Court below) wherein the application filed by the petitioners/ proposed defendants 5 & 7 to implead themselves in the said suit came to be rejected.
2. Heard the learned counsel for the petitioners.
3. This Court has carefully considered the submissions of the learned counsel for the petitioners and perused the materials available on record and more particularly the impugned order.
4. The second respondent, who is the plaintiff, filed the said suit seeking for the relief of permanent injunction restraining the defendants therein from in any manner interfering with his peaceful possession and enjoyment of the suit property.
5. In the said suit, the petitioners along with another filed the said application under Order I Rule 10 of the Civil Procedure Code (CPC) seeking to implead themselves as defendants 5 to 7 on the ground that the suit property is a common pathway; that they also filed a suit in O.S.No.55 of 2025 before the same Court seeking easementary rights; and that therefore, they are necessary parties to the said suit.
6. However, after dealing with the rival contentions, the Court below was not inclined to allow the said application. Aggrieved by that, the above civil revision petition has been filed before this Court.
7. In the considered view of this Court, the petitioners along with another already filed O.S.No.55 of 2025 on the file of the same Court as against the second respondent/plaintiff and others touching upon the same suit property and claiming for easementary right.
8. It is brought to the notice of this Court that both the suits are pending before the same Court.
9. Since the same parties are agitating over the same suit property, both the suits will have to be tried by the Court below either jointly or simultaneously. There is no question of trying both the suits separately since there is a possibility of rendering contradicting judgments at a later point of time.
10. In the light of the above, the above civil revision petition is disposed of leaving it open to the petitioners to file an application before the Court below to tag O.S.No.55 of 2025 along with O.S.No.29 of 2023. It is left open to the Court below to either jointly try both the suits or try the same simultaneously as is decided by the Court below. This direction will sufficiently take care of the grievances expressed by the petitioners. Consequently, the connected CMP is closed. 27-10-2026 To The Principal District Munsif Court, Thittagudi, Cuddalore District.
N.ANAND VENKATESH,J RS CRP.No.6745 of 2026& CMP.No.29042 of 2026 27-10-2026