The defendants 1 to 4 in O.S. No. 377 of 2016 are the revision peitioners. They have filed the present Civil Revision Petition under Article 227 of The Constitution of India seeking to strike off the pleading in the suit in O.S.No.377 of 2016 on the file District Munsif Court, Pollachi. It is stated that already a suit filed by the revision petitioners in O.S.No.250 of 2016 on the file of the same Court for PUSHPA SATHYANARAYANA, J elp relief of permanent injunction is pending. While so, by suppressing the said fact, the present suit in O.S.No.377 of 2016 is filed. It is also alleged that there is collusion between respondents 1 to 6 and 7th respondent. Therefore, the petitioners are seeking to strike the pleadings in O.S.No.377 of 2016 on account of suppression of filing the proceedings.
2. Admittedly, the suits are pending before the same Court and they can be ordered to be jointly tried instead of striking the pleading in O.S. No. 377 of 2016. Accordingly, joint trial is ordered and the trial Court is directed to try both the suits in O.S.No.377 of 2016 and O.S.No.250 of 2016 pending on it's file. Accordingly, the Transfer Civil Miscellaneous Petition is dismissed. No costs. Consequently, connected Miscellaneous Petition is also closed.
01.03.2017 Index : Yes/No Internet : Yes/No To The District Munsif Court, Pollachi.
CRP (PD) .No.559 of 2017 http://www.judis.nic.in