BHUVANESHWARI vs A.O.MOULEESWARAN

Court
Madras High Court

CRP No. 2961 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29-10-2026
CORAM
THE HON'BLE MR JUSTICE N.ANAND VENKATESH
CRP No. 2961 of 2025
& CMP No. 16704 of 2025
CNR:{HCMA011525902025}
1. Bhuvaneshwari
2. Logaprabha
3. Karpagambigai
4. Pavithra Devi
..Petitioner(s)
Vs
1. A.O.Mouleeswaran
2. A. Ponnusamy
3. A. Krishnamoorthy
..Respondent(s)
PRAYER: This Civil Revision Petition filed under Article 227 of the
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CRP No. 2961 of 2025
Constitution of India praying to set aside the Fair and Final Order dated
30.06.2025 passed in I.A.No.3 of 2024 in OS.No.158 of 2024, on the file
of the District Munsif Cum Judicial Magistrate Court Annur at
Coimbatore District.
For Petitioners : Mr. Ma.P.Thangavel
For Respondents : Mr.P.Tamilavel for R1
No appearance for R2 & R3
ORDER
This Civil Revision Petition has been filed under Article 227 of the
Constitution of India against the fair and decretal order dated 30.6.2025
passed in I.A.No.3 of 2024 in O.S.No.158 of 2024 on the file of the
District Munisf Cum Judicial Magistrate Court, Annur wherein the
application filed by the petitioners under Order I Rule 10 of the Civil
Procedure Code (CPC) seeking to implead themselves as defendants 3 to
6 in the suit came to be rejected.
2. Heard the learned counsel appearing on either side and perused
the materials available on record and more particularly the impugned
order.
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CRP No. 2961 of 2025
st
3. The 1 respondent is the plaintiff who filed the suit in
O.S.No.158 of 2024 seeking for the relief of declaration to declare that the
plaintiff is entitled to draw water from common bore well and for
permanent injunction restraining the defendants from interfering with the
said right and for other consequential reliefs.
4. In the said suit, the petitioners filed I.A.No.3 of 2024 under
Order I Rule 10 of the CPC to implead themselves as defendants 3 to 6 on
the ground that they also have a right over the common well and that by
virtue of the interim order of injunction granted in favour of the plaintiff,
they were not allowed to use the common well.
5. The Court below dismissed the application based on the
compromise decree dated 21.1.2002 that was passed in O.S.No.130 of
2001 on the file of the District Munsif Court, Avinashi and the Court
below found that the petitioners had not made out a case to establish that
they were necessary or proper parties to the proceedings. Aggrieved by
the said order, the above revision has been filed before this Court.
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CRP No. 2961 of 2025
6. When the matter is taken up for hearing today, the learned
counsel for the petitioners brought to the notice of this Court that
O.S.No.1041 of 2025 on the file of the Fifth Additional District Court,
Coimbatore has been filed by the petitioners seeking for the relief of
declaring the compromise decree dated 21.1.2002 passed in O.S.No.130
of 2001 was not binding on them and for other consequential reliefs and it
is still pending.
7. The learned counsel for the petitioners has also brought to the
st
notice of this Court that the 1 respondent/plaintiff has filed another suit
in O.S.No.255 of 2024 before the District Munisf Cum Judicial
Magistrate Court, Annur wherein he is claiming the right over the cart
track/pathway which is also as a result of the compromise decree passed
in O.S.No.130 of 2001 dated 21.1.2002.
8. The present suit has been filed claiming right to draw water
from the common well, which is again based on the compromise decree
that was passed in O.S.No.130 of 2001 on 21.1.2002.
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CRP No. 2961 of 2025
9. The Court below, while dismissing the said application, heavily
relied upon the compromise decree dated 21.1.2002 that was passed in
O.S.No.130 of 2001 by the District Munsif Court, Avinashi.
10. When the compromise decree itself has been put to challenge
in O.S.No.1041 of 2025 by the petitioners, in which, the present plaintiff
th
has been arrayed as the 6 defendant and the defendants in the present suit
nd rd
have been arrayed as the 2 and 3 defendants, it will be more appropriate
if all the suits are tried together by the same Court. This is more so since
the defendants, who have been impleaded in the present suit, have chosen
not to contest the present suit and they remained exparte and the matter is
posted for exparte evidence. The same is the case with the suit that has
been filed in O.S.No.255 of 2024 claiming the right over the cart track/
pathway.
11. In the light of the above discussions, this Court is inclined to
tag the present suit in O.S.No.158 of 2024 and O.S.No.255 of 2024
pending before the same Court, to be tried along with the suit filed in
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CRP No. 2961 of 2025
O.S.No.1041 of 2025 pending on the file of the Fifth Additional District
Court, Coimbatore. This will effectively prevent multiplicity of
proceedings and contradicting judgments that may be passed by various
Courts.
st
12. In the light of the above discussion, the suit filed by the 1
respondent/plaintiff in O.S.No.158 of 2024 and O.S.No.255 of 2024
pending on the file of the District Munisf cum Judicial Magistrate, Annur
is withdrawn and transferred to the file of the Fifth Additional District
Court, Coimbatore to be tried along with O.S.No.1041 of 2025. The
original records in both the suits in O.S.Nos.158 and 225 of 2024 on the
file of the District Munsif cum Judicial Magistrate Court, Annur shall
reach the Fifth Additional District Court, Coimbatore within a period of
four (4) weeks from the date of receipt of a copy of this order.
13. It is brought to the notice of this Court that the suit in
O.S.No.1041 of 2025 is now at the stage of framing of issues.
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CRP No. 2961 of 2025
14. The Fifth Additional District Court, Coimbatore shall take all
steps to dispose of all the suits on their own merits and in accordance with
law after giving opportunity to all the parties concerned within a period of
one year from the date of receipt of a copy of this order.
15. In result, this Civil Revision Petition is disposed of in the
above terms. Consequently, the CMP is closed.
29-10-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
To
1. The Fifth Additional District Court, Coimbatore.
2. The District Munsif Cum Judicial Magistrate Court,
Annur at Coimbatore District.
3. The District Munsif Court, Avinashi.
ksk / arl
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CRP No. 2961 of 2025
N.ANAND VENKATESH J.
KSK
CRP No.2961 of 2025&
CMP No. 16704 of 2025
29-10-2026
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