IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.T. ASHA, J.
A. Kaleur Rahman and Others – Appellants
Versus
P. Kannan and Others – Respondents
C.R.P. (PD) Nos. 2230 of 2014, 3500, 3501 of 2018, 428 of 2019
Decided On : 03-07-2019
Constitution of India,1950 – Article 227 – Civil Procedure Code,1908 - Order VII Rule 11 - Electricity Act, 2003 – Section 145 All four Civil Revision Petitions have been filed to strike-off the respective plaints - Since facts are common in all suit and issue involved in Civil Revision Petition is also common, this Court is passing a common order - Suits that have been filed and corresponding Civil Revision Petition numbers are also detailed herein below - O.S. No. 764 has been filed by one originally against one - Said suit has been filed for a bare injunction - Restraining defendant his men, agents or any person claiming under him from interfering with plaintiffs peaceful possession of suit property by trespassing - Restraining the defendant from creating any registered documents in respect of suit property for mortgage, sale or lease - Corresponding Civil Revision Petition that has been filed to strike of this suit is C.R.P. - O.S. is a suit filed by against one and thirteen others for a bare injunction restraining defendants from interfering with plaintiffs possession and enjoyment of suit property - Corresponding Civil Revision Petition that has been filed to strike-off this suit is C.R.P. No. 3500 – Held, The Honourable Supreme Court in an earlier judgment reported in Sathi Vijay Kumar vs. Tota Singh and Others, 2006 (13) SCC 353 - Plaint in O.S. No. 2486 which is the subject matter of C.R.P. No. 428 is struck off as same is clearly barred by Provisions of Section 145 of the Electricity Act, 2003 and which has been dealt - Consequently, the Civil Revision Petition in C.R.P. No. 428 is allowed - Civil Revision Petitions in C.R.P. Nos. 3500 & 3501 & C.R.P. No. 2300 are dismissed - Considering fact that issue involved in all suits are the same this Court is suo moto transferring suits O.S. No. 764 ending on the file of the II Additional District Munsif Court, to be tried along with the suit in O.S. No. 162, pending on file of Principal Sub-ordinate Court - Principal Sub-ordinate Judge, shall proceed to dispose of the suits within a period of six months from the date of receipt of a copy of this order – Petition allowed.
(Prayer in C.R.P. (PD) No. 3500 of 2018, Civil Revision Petition is filed under Article 227 of the Constitution of India to strike-off the plaint in O.S. No. 162 of 2015 on the file of the Sub-ordinate Court, Puducherry.
Prayer in C.R.P. (PD) No. 3501 of 2018, Civil Revision Petition is filed under Article 227 of the Constitution of India to strike-off the plaint in O.S. No. 1923 of 2016 on the file of the II Additional District Court, Puducherry.
Prayer in C.R.P. (PD) No. 2230 of 2014, Civil Revision Petition is filed under Article 227 of the Constitution of India to strike-off the plaint in O.S. No. 764 of 2013 on the file of the II Additional District Munsif Court, Puducherry.
Prayer in C.R.P. (PD) No. 428 of 2019, Civil Revision Petition is filed under Article 227 of the Constitution of India to strike-off the plaint in O.S. No. 2486 of 2018 on the file of the II Additional District Munsif Court, Puducherry.)
ORDER :
1. All the four Civil Revision Petitions have been filed to strike-off the respective plaints. Since the facts are common in all the suit and the issue involved in the Civil Revision Petition is also common, this Court is passing a common order. The following are the suits that have been filed and the corresponding Civil Revision Petition numbers are also detailed herein below.
2. O.S. No. 764 of 2013 has been filed by one Thandamizh Kumaran originally against one Kannan. The said suit has been filed for a bare injunction:
(a) Restraining the defendant his men, agents or any person claiming under him from interfering with the plaintiff's peaceful possession of the suit property by trespassing.
(b) Restraining the defendant from creating any registered documents in respect of the suit property for mortgage, sale or lease. The corresponding Civil Revision Petition that has been filed to strike of this suit is C.R.P. No. 2230 of 2014.
3. O.S. No. 162 of 2015 is a suit filed by Kannan against one Anandhi and thirteen others for a bare injunction restraining the defendants from interfering with the plaintiff's possession and enjoyment of the suit property. The corresponding Civil Revision Petition that has been filed to strike-off this suit is C.R.P. No. 3500 of 2018.
4. O.S. No. 1923 of 2016 is another suit which has been filed by Thandamizh Kumaran against G.M.S. Ahmed Syed and eight others for declaring the partition deed dated 26.08.2013, registered as document No. 4555 of 2013 as null and void. The corresponding Civil Revision Petition that has been filed to strike-off this suit is C.R.P. No. 3501 of 2018.
5. O.S .No. 2486 of 2018 is yet another suit filed by Thandamizh Kumaran against the Government, Electricity Department, Tahsildar, Member Secretary, Puducherry Town Planning and Village Administrative Officer for an injunction restraining them from effecting any electricity connection or executing any other documents in respect of the suit property. The Civil Revision Petition filed to strike of this suit is C.R.P. No. 428 of 2018.
6. The property which is the subject matter of these litigations is an extent of 12 Cawnies situate in Kombakkam Village, Mudaliarpet Commune, Puducherry comprised in S. No. 25/2P Ward M Block No. 3, T.S. No. 1/1 with mango groves and house having the following boundaries:-
North
By Kombakkam, Kombakkam Kuppam, Kuppam Pudur.
South
By Murungapakkam main road.
West
By Murungapakkam - Villianur main road.
East
By Papanchavadi Temple groves and Balakrishnan's land.
7. Before embarking or considering the point as to whether these suits have to be struck off from the file of the respective Courts, it is necessary to briefly allude to the facts contained in the plaint in each of the suits. For ease of understanding Thandamizh Kumaran the plaintiff in O.S. No. 764 of 2013 is referred to as Thandamizh Kumaran, the original
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