1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.11.2011 CORAM THE HONOURABLE MR.JUSTICE A.SELVAM CIVIL REVISION PETITION No.2123 of 2011 and MISCELLANEOUS PETITION No.1 of 2011 1.M.Jesuputhiran 2.Baby .. Petitioners/Defendants 1 & 2 Vs. 1.J.Antony 2.J.Kumar .. Respondents/Plaintiffs Civil Revision Petition has been filed under Article 227 of the Constitution of India against the fair and decretal order dated 10.08.2011 passed in Interlocutory Application No.17 of 2011 in Original Suit No.96 of 2009 by the Third Additional District Munsif Court, Nagercoil. For Petitioners : Mr.M.P.Senthil ORDER The order dated 10.08.2011 passed in Interlocutory Application No.17 of 2011 in Original Suit No.96 of 2009 by the Third Additional District Munsif Court, Nagercoil is being challenged in the present Civil Revision Petition. 2. The respondents herein as plaintiffs have instituted Original Suit No.96 of 2009 on the file of the Court below for the relief of perpetual injunction, wherein the present revision petitioners have been shown as defendants. In Original Suit No.96 of 2009, the present revision petitioners have been set ex-parte on 23.02.2010 and in order to set aside the same, the present petition has been filed. The Court below after considering all the contentions putforth on either side has dismissed the same. Against the dismissal order, the present Civil Revision Petition has been preferred. 3. Considering the fact that Original Suit No.96 of 2009 has been instituted for the relief of perpetual injunction and also considering that the revision petitioners as plaintiffs have instituted Original Suit No.66 of 2010 for the relief of recovery of possession, this Court is of the view that for the purpose of giving quietus to the parties, both the suits must be tried together and under the said circumstances, notice need not be sent to the respondents 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 sparingly contended that in Original Suit No.96 of 2009, the revision petitioners/defendants have failed to file written statement and due to that they have been set ex-parte on 23.02.2010 and in order to set aside the ex-parte order, the present petition has been filed, but the Court https://hcservices.ecourts.gov.in/hcservices/ 2 below without considering the nature of the relief sought for in Original Suit No.96 of 2009 as well as the fact that the revision petitioners as plaintiffs have filed Original Suit No.66 of 2010 for the relief of recovery of possession, has erroneously dismissed the petition and therefore the dismissal order passed by the Court below is liable to be set aside. 5. It is seen from the records that the respondents herein as plaintiffs have instituted Original Suit No.96 of 2009 for the relief of perpetual injunction. The revision petitioners as plaintiffs have instituted Original Suit No.66 of 2010 for the relief of recovery of possession. Considering the fact that both the suits have been instituted in respect of same properties and also considering that both the suits must be tried together for the purpose of giving quietus to the parties, this Court is of the view to set aside the ex-parte order dated 23.02.2010 passed against the revision petitioners/defendants in Original Suit No.96 of 2009 on such terms as stated infra. 6. In fine, this Civil Revision Petition is allowed without costs at the stage of admission and the order passed in Interlocutory Application No.17 of 2011 in Original Suit No.96 of 2009 by the Third Additional District Munsif Court, Nagercoil is set aside and the petition filed in Interlocutory Application No.17 of 2011 in Original Suit No.96 of 2009 is allowed. However the revision petitioners are directed to pay a cost of Rs.2,000/- to the respondents and to that effect a memo has to be filed on or before 20.12.2011 and the Court below is directed to proceed further only after receipt of memo. The revision petitioners are directed to take proper steps so as to conduct joint trial in Original Suit Nos.96 of 2009 and 66 of 2010. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (A.E) /True Copy/ Sub Assistant Registrar (C.S) To The Third Additional District Munsif, Nagercoil. + 1 cc to Mr.M.P.Senthil, Advocate, SR No.40035 C.R.P(PD)(MD)No.2123 of 2011 and M.P(MD)No.1 of 2011 16.11.2011 smn RJ/23.11.11 2p/3c https://hcservices.ecourts.gov.in/hcservices/