1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.12.2011 CORAM THE HONOURABLE MR.JUSTICE A.SELVAM CIVIL REVISION PETITION (PD)(MD) No.2298 of 2011 and MISCELLANEOUS PETITION No.1 of 2011 1.P.John Dius represented by his power agent Mariya Koratti. ...Petitioner/1st Respondent/Plaintiff 2.Mariya Koratti .. Petitioner/2nd Respondent/Plaintiff in OS.No.194/2010 Vs. R.David Sartho through his power agent A.Reen Rani. .. Respondent/Petitioner/Defendant Civil Revision Petition has been filed under Article 227 of the Constitution of India against the fair and decretal order dated 16.09.2011 passed in Interlocutory Application No.878 of 2011 in Original Suit No.72 of 2010 by the Additional District Munsif Court, Eraniel. For Petitioners : Mr.Ananth C.Rajesh ORDER The order dated 16.09.2011 passed in Interlocutory Application No.878 of 2011 in Original Suit No.72 of 2010 by the Additional District Munsif Court, Eraniel is being challenged in the present Civil Revision Petition. 2. The revision petitioners have separately filed Original Suit Nos.72 and 194 of 2010 on the file of the Court below for different reliefs, wherein the present respondent has been shown as one of the defendants. During pendency of the same, the respondent herein as petitioner has filed Interlocutory Application No.878 of 2011 in Original Suit No.72 of 2010 praying to conduct joint trial in Original Suit Nos.72 and 194 of 2010. The Court below has allowed the same. Against the order passed by the Court below, the present Civil Revision Petition has been filed. 3. Considering the nature of the reliefs sought for in Original Suit Nos.72 and 194 of 2010 and also considering the nature of the order passed in Interlocutory Application No.878 of 2011, notice need not be sent to the respondent and this Civil Revision Petition is disposed of on merits at the stage of admission. 4. The learned counsel appearing for the revision petitioners has contended that the first revision petitioner as plaintiff has instituted Original Suit No.72 of 2010 against the respondent for the reliefs of https://hcservices.ecourts.gov.in/hcservices/ 2 mandatory and permanent injunctions and the second revision petitioner as plaintiff has instituted Original Suit No.194 of 2010 for the relief of recovery of money and even though in both the suits, same property is shown as suit property, the reliefs sought for in both the suits are not identical and one suit can be decided without reference to other suit and the Court below without considering the nature of the different reliefs sought for in both the suits has erroneously allowed the petition filed in Interlocutory Application No.878 of 2011 and therefore the order passed by the Court below is liable to be set aside. 5. It is seen from the records that Original Suit No.72 of 2010 has been instituted for getting the reliefs of mandatory and permanent injunctions with regard to a hollow brick wall. Original Suit No.194 of 2010 has been filed so as to get recovery of Rs.1,00,000/-, which has been advanced in the alleged contract of sale in between the plaintiff and the defendant therein. Both the suits have not been instituted by the same person and in both the suits reliefs are not identical. One suit can be tried without reference to other suit. Since one suit can be tried without reference to other suit, common evidence does not require in both the suits. Each suit can be decided by way of getting separate evidence. The Court below without considering the nature of the reliefs sought for in both the suits, has erroneously allowed the present petition. Since each suit can be tried separately by way of getting separate evidence, this Court is of the view that the order passed by the Court below is totally incorrect and the same is liable to be set aside. 6. In fine, this Civil Revision Petition is allowed without costs at the stage of admission and the order passed in Interlocutory Application No.878 of 2011 in Original Suit No.72 of 2010 by the Additional District Munsif Court, Eraniel is set aside and the petition filed in Interlocutory Application No.878 of 2011 in Original Suit No.72 of 2010 is dismissed without costs. However the Additional District Munsif Court, Eraniel is directed to conduct simultaneous trial in both the suits. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (RTI) /True Copy/ Sub Assistant registrar To The Additional District Munsif Court, Eraniel. Smn GH : 19.12.2011 : 2p/2c C.R.P(PD)(MD)No.2298 of 2011 and M.P(MD)No.1 of 2011 09.12.2011 https://hcservices.ecourts.gov.in/hcservices/