CRP No.4447 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06-10-2025 CORAM THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN CRP No.4447 of 2025 and CMP No.22757 of 2025 Prakash S/o.Selvaraj No.2/8-95, Kandasamy Gounder Thottam, Gonur Post, Gonur West Village, Mettur Taluk, Salem District. Petitioner(s)/Plaintiff(s) Vs 1.Chinna Thambi, S/o.Anagappan 2.Ganesan, S/o.Late Angappan 3.Prabhu, S/o.Late Mani 4.Kavitha, W/o.Mathiyalagan 5.Kamala, W/o.Manickam 6.Selvi, W/o.Muthu 7.Lakshmi, W/o.Late Thangamani 8.Ramesh, S/o.Thangamani 9.Ramya, W/o.Ramachandran 10.Mahesh, S/o.Thangamani All are residing at Kunjandiyur Kattu Valavu Gonur Post, Veerakkalpudur Village, Mettur Taluk, Salem District Respondent(s)/Defendant(s) https://www.mhc.tn.gov.in/judis CRP No.4447 of 2025 Civil Revision Petition filed under Article 227 of the Constitution of India to set aside the order dated 01.07.2025 passed in I.A.No.7 of 2025 in O.S.No.67 of 2016 on the file of the Subordinate Court, Mettur, Salem District. For Petitioner(s): Mr.S.Arivazhagan ORDER Challenging the order dated 01.07.2025 passed in I.A.No.7 of 2025 in O.S.No.67 of 2016 on the file of the Subordinate Court, Mettur, Salem District, the revision petitioner/plaintiff has preferred the present civil revision petition. 2. The revision petitioner/plaintiff has filed the suit in O.S.No.67 of 2016 on the file of the Subordinate Court, Mettur, seeking the relief of specific performance or in alternative refund of advance amount. Another suit has been filed by the revision petitioner/plaintiff along with one Selvaraj in O.S.No.63 of 2018 on the file of the Subordinate Court, Mettur, seeking declaration of the title and for permanent injunction. Necessary https://www.mhc.tn.gov.in/judis CRP No.4447 of 2025 issues were framed, written statement was filed and trial also commenced in O.S.No.67 of 2016. At that stage, the respondents/defendants filed an application under Section 151 CPC in I.A.No.7 of 2025 in O.S.No.67 of 2016 praying for joint trial. Upon hearing either side, the Court below, vide order dated 01.07.2025 allowed the application and ordered for simultaneous trial. 3. Aggrieved over the same, the present revision has been instituted by the revision petitioner/plaintiff. 4. The learned counsel appearing for the revision petitioner/plaintiff would submit that the simultaneous trial ordered by the Court below is unsustainable in law, since the issues involved in the two suits arise out of different cause of action and different parties. He would further submit that the Court below failed to appreciate that consolidation or simultaneous trial is not automatic and can be ordered only when common questions of fact and law arise in both suits, as joint trial would avoid conflicting judgments. He would further submit that the revision petitioner/plaintiff has already let in evidence as PW1 in O.S.No.67 of 2016 https://www.mhc.tn.gov.in/judis CRP No.4447 of 2025 and the case was posted for cross-examination and therefore, only in order to drag on the proceedings, the respondents/defendants have filed an application seeking joint trial. 5. It is seen from the records that the revision petitioner/plaintiff has filed the suit in O.S.No.67 of 2016 on the file of the Subordinate Court, Mettur, seeking the relief of specific performance or in alternative refund of advance amount, in which, the respondents/defendants have filed their written statement, necessary issues were framed, the revision petition/plaintiff was examined as PW1 and the case was posted for cross- examination of PW1. It is also seen that the revision petitioner/plaintiff has filed another suit in O.S.No.63 of 2018 on the file of the Subordinate Court, Mettur, seeking the relief of declaration and permanent injunction, in which, as per the order dated 04.03.2023 passed in I.A.No.2 of 2023 in O.S.No.63 of 2018 one Selvaraj was impleaded as the second plaintiff. At that stage, the defendants have filed an application in I.A.No.7 of 2025 seeking joint trial. Upon considering the interest of the parties and in the interest of justice, the Court below has ordered simultaneous trial and not for joint trial by observing that O.S.No.67 of 2016 is posted for cross-examination of https://www.mhc.tn.gov.in/judis CRP No.4447 of 2025 PW1 and trial is yet to be commenced in O.S.No.63 of 2018. 6. In such view of the matter, there is no reason to interfere with the order of the Court below. However, considering the fact that the suits pertain to the year 2016, the Court below shall dispose of the suits as expeditiously as possible. With the above observation and direction, this civil revision petition is dismissed. No costs. Connected C.M.P. is closed. 06-10-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No nsd To The Subordinate Judge, Mettur, Salem District. Page 5 of 7 https://www.mhc.tn.gov.in/judis CRP No.4447 of 2025 M.JOTHIRAMAN J. nsd CRP No. 4447 of 2025 https://www.mhc.tn.gov.in/judis CRP No.4447 of 2025 06.10.2025 https://www.mhc.tn.gov.in/judis