A.R. Jayapal v. R. Gnanasambandam

ORDER The petitioner is the defendant in O.S.No.64 of 2021 filed by the respondent herein. The petitioner had earlier filed O.S.No.207 of 2009 and O.S.No.236 of 2009 respectively, which ended in compromise between them on 17.04.2015.

¶2It is submitted that the respondent has also initiated the proceedings before the Commissioner, Hindu Religious and Charitable Endowments Department under Section 64 (1) of the Tamil Nadu Hindu Religious and Charitable Endowments Act for framing the scheme so that all the hereditary trustees can have effective right and role in the management and affairs of the hereditary trustee relating to Arulmigu Vadivaahagiamman Deity and Temple, Kanniyakurichi Village, Pattukkottai Taluk, Thanjavur District.

¶3It is the case of the petitioner that in the light of the proceedings which are pending before the Commissioner, Hindu Religious and Charitable Endowments Department under Section 64 (1) of the Hindu Religious and Charitable Endowments Act, 1959, the subsequent suit in O.S.No.64 of 2021 filed before the District Munsif Court, Pattukottai is liable to be stayed in terms of Section 10 of C.P.C. It is submitted that almost a similar relief is being sought for in the above suit and therefore, the petitioner was constrained to file I.A.No.1 of 2022, which has been wrongly rejected by the trial Court. It is therefore submitted that the trial Court has committed a grave error in rejecting the application filed by the petitioner to stay the suit.

¶4I have considered the arguments advanced by the learned counsel for the petitioner and perused the impugned fair and decreetal order, dated 17.02.2023 passed by the District Munsif Court, Pattukottai in I.A.No.1 of 2022 in O.S.No.64 of 2021. The operative portion of the impugned order reads as under:O.S.No.3/2018 "Nkw;fz;l

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¶5The reason given by the trial court while rejecting the application cannot be interfered with. Under Section 10 of C.P.C., the Court can stay only if a previously instituted suit between the same parties or between parties under whom they or any of them claim litigating under the same title where such suit is pending in the same or any other Court in India have jurisdiction to grant the relief claimed, or in any Court beyond the limits of India established or continued b the Central Government and having like jurisdiction, or before the Supreme Court

¶6The proceeding before the Commissioner, Hindu Religious and Charitable Endowments Department under Section 64 (1) of the Hindu Religious and Charitable Endowments Act, 1959 are not a suit for the purpose of Section 10 of C.P.C. Therefore, question of staying the above suit cannot be countenanced.

¶7In the light of the above, the present Civil Revision Petition filed by the petitioner is liable to be dismissed. Considering the fact that the suit has been filed under Section 64 (1) of the Hindu Religious and Charitable Endowments Act, there shall be a direction to the Commissioner, Hindu Religious and Charitable Endowments Department to expedite the proceedings initiated by the respondent under Section 64

(1) of the Hindu Religious and Charitable Endowments Act.

¶8The present Civil Revision Petition stands dismissed with the above observations. No costs. Consequently, connected miscellaneous petition is closed.

24.03.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No sn To

1.The District Munsif Court, Pattukottai.

2.The Section Officer Vernacular Section, Madurai Bench of Madras High Court, Madurai.

3.The Commissioner, Hindu Religious and Charitable Endowments Department, Thanjavur. C.SARAVANAN

,J.

SN

24.03.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.03.2023 CORAM THE HON'BLE MR.JUSTICE C.SARAVANAN and C.M.P(MD) No.3619 of 2023 A.R.Jayapal ...Petitioner/Petitioner/ 1st Defendant Vs. A.R.Gnanasambandam ...Respondent/Respondent/ Plaintiff PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India, to set aside the fair and decreetal order passed in I.A No. 1 of 2022 in O.S No. 64 of 2021 dated 17.02.2023 on the file of the District Munsif Court, Pattukottai. For Petitioner : Mr.A.Senthil Kumar For Mr.V.Illanchezian