Madras High Court
Kesavan vs Ganesan on 3 February, 2021
C.R.P(MD)No.2281 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 03.02.2021
CORAM:
THE HONOURABLE MRS.JUSTICE J.NISHA BANU
C.R.P. (MD) No.2281 of 2019
Kesavan ... Petitioner
-Vs-
1. Ganesan
2. Subramanian
3. Chelladurai
4. Vasantha
5. Sangapillai
6. Sangapillai
7. Chinnammal
8. Jothivel
9. Selvam ...Respondents
Prayer: Civil Revision Petition filed under Article 227 of the
Constitution of India, to direct the trial Court to decide the interim
application finally pending in I.A.No.320 of 2018 in O.S.No.599 of
2018, pending on the file of Subordinate Court, Tiruchirappalli.
For Petitioner : Mr.K.Govindarajan
For Respondents : No appearance for R1 to R9
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C.R.P(MD)No.2281 of 2019
ORDER
This Civil Revision Petition has been filed seeking a direction to
the learned Subordinate Judge, Tiruchirappalli, to dispose of the case in
I.A.No.320 of 2018 in O.S.No.599 of 2018, on the file of the Subordinate
Court, Tiruchirappalli.
2. The learned counsel for the revision petitioner would submit
that the respondents/plaintiffs have filed a money suit against the
revision petitioner/defendant in O.S.No.599 of 2018 on the file of the
Subordinate Court, Tiruchirappalli, for declaration and permanent
injunction; declaring that decree and judgment passed in O.S.No.101 of
2002 dated 05.04.2016 on the file of District Munsif of Musiri is null and
void and not binding on the plaintiffs; directing the defendant to pay
costs. Thereafter, the respondents/plaintiffs have filed I.A.No.320 of
2018 seeking temporary injunction restraining the revision
petitioner/defendant, their men, agents etc., from in any manner
interfering with respondents/plaintiffs peaceful possession by way of
proceedings under any suit and also for an ad-interim ex-parte order of
injunction to the above effect till the disposal of the petition.
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C.R.P(MD)No.2281 of 2019
3. It is further stated that the petitioner has got a decree in O.S.No.
101 of 2002 for the very same suit property. The said decree was
implemented through E.P.No.14 of 2016 and by the proceedings of RDO,
Musiri dated 23.04.2018. The present suit in O.S.No.599 of 2018 has
been filed after the above developments. The grievance of the petitioner
is that, the trial Court ought to consider the interim application without
further adjournments and the revision petitioner being the respondent had
filed counter affidavit in the said interim application. Hence, the
petitioner is constrained to move the present revision petition before this
Court for getting early disposal of the interim Application in I.A.No.320
of 2018 in O.S.No.599 of 2018.
4. Heard the learned counsel for the petitioner and perused the
materials placed before this Court. Though the respondents were served
with notice, they have not appeared before this Court either personally or
through counsel.
5. Considering the facts and circumstances of the case, this Court
feels that ends of justice would be met by directing the Court below to
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C.R.P(MD)No.2281 of 2019
dispose the interim application within a time frame. Accordingly,
without adverting to the merits of the case, a direction is issued to the
learned Subordinate Judge, Tiruchirappalli, to dispose of the application
in I.A.No.320 of 2018 in O.S.No.599 of 2018, on merits and in
accordance with law within a period of four weeks from the date of
receipt of a copy of this order.
6. With the above direction, this Civil Revision Petition is
disposed of. No costs.
03.02.2021
Internet : Yes / No
Index : Yes / No
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To
1. The Subordinate Court,
Tiruchirappalli.
2.The Section Officer,
VR Section,
Madurai Bench of Madras High Court, Madurai.
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C.R.P(MD)No.2281 of 2019
J.NISHA BANU,J
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C.R.P. (MD) No.2281 of 2019
03.02.2021
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