Annai Ammani Ammal Educational and Charitable Trust vs A. Rajakumari

N. Kirubakaran, J.—The petitioner/plaintiff is before this court challenging the dismissal of the suit filed by the petitioner for default on 21.08.2013. The petitioner herein filed a suit for permanent injunction against the respondents herein restraining them from interfering with the petitioner''s peaceful functioning as Chairman of the Educational & Charitable Trust.

When the matter was posted before the trial court on 22.08.2013, the same was dismissed for default. The reasons given by the petitioner is that the petitioner already filed Transfer OP No.138 of 2013 before the Principal Judge, City Civil Court, Chennai and it was dismissed on 13.08.2013 and against which CRP No.3118 of 2013 was filed on 22.08.2013 by which date the matter was called before the trial court and it was dismissed. The trial court did not accept the reasoning given by the petitioner stating that the absence of lawyer or the petitioner due to strike of the lawyers cannot be accepted and the petitioner should have been more serious and vigilant in prosecuting the case and dismissed the application, against which only the present civil revision petition has been filed.

Heard Mr.K.P.Gopalakrishnan, learned counsel appearing for the petitioner and Mr.Sriram, learned counsel appearing for the respondents.

It is an admitted fact that another suit in O.S.No.4056 of 2013 has been filed by the petitioner declaring appointment of petitioner as the Chairman of the Trust by his father is valid and for permanent injunction. The said suit is in part-heard stage and the matter is posted on 07.07.2014 for recording evidence. When another suit filed by the petitioner is before the same court, it is appropriate to get a disposal on merits in respect of both the cases. Though the reasons given by the petitioner may not be correct or acceptable, still interest of justice requires an opportunity to the petitioner to prosecute the case and get orders on merits, especially when the petitioner himself has filed the suit and the same is in part-heard stage. Mr.Sriram, learned counsel appearing for the respondent also has got no objection provided the interim arrangement already made by this court does not revive. Mr.K.P.Gopalakrishnan, learned counsel appearing for the petitioner seeks for early disposal of both the suits.

In view of the above, this court sets aside the order passed by the trial court and restores O.S.No.298 of 2013 to be tried alongwith O.S.No.4056 of 2013 so that both the matters can be disposed on merits. It is made clear that both the parties are directed to co-operate with the trial court by not taking out unnecessary applications. The trial court is directed to dispose of the suits on or before 30.09.2014. It is made clear that only the suit alone is restored.

In the result, this Civil Revision Petition is allowed setting aside the order passed by the trial court, on payment of cost of Rs.10,000/- to be paid by the petitioner to ''SAMARPANA'', Plot No.10, Subramani Nagar, Vinayagapuram (Near Retteri), Kolathur Post, Chennai  600 099, within one week from the date of receipt of a copy of the order. Consequently, connected Miscellaneous Petition is closed.