L.Prabhakaran vs K.Sundaran
2021 Latest Caselaw 21777 Mad

                                                 C.R.P.(P.D).Nos.2245 & 2249 of 2021

         IN THE HIGH COURT OF JUDICATURE AT MADRAS

                           DATED : 29.10.2021

                                   CORAM

         THE HON'BLE Mr. JUSTICE G.CHANDRASEKHARAN

                  C.R.P.(P.D)Nos.2245 & 2249 of 2021
L.Prabhakaran                             ...Petitioner in both C.R.P.'s

                             Vs.

K.Sundaran                              ...Respondent in both C.R.P.'s

Common Prayer :- Civil Revision Petitions are filed under Article 227 of the Constitution of India, to direct the learned District Court at Chengalpattu to dispose of pending application in I.A.Nos.4 & 5 of 2020 in O.S.No.208 of 2020 within a stipulated period of time to be fixed by this Hon'ble Court.

         For Petitioner      :   Mr.K.Manikandan

                        COMMON ORDER

C.R.P.No.2245 of 2021 and C.R.P.No.2249 of 2021 have been

filed seeking direction to the learned Additional District Judge,

Chengalpattu to dispose I.A.No.4 of 2020 and I.A.No.5 of 2020

respectively, in O.S.No.208 of 2020 within a time period to be fixed by this

Court.

C.R.P.(P.D).Nos.2245 & 2249 of 2021

2.The learned counsel for the petitioner submitted that petitioner

filed a suit in O.S.No.208 of 2020 for recovery of Rs.71,86,664 with interest

and a sum of Rs.10,00,000/- as liquidated damages and for permanent

injunction against the first respondent. He also filed I.A.No.4 of 2020 under

Order XXXIX Rule 1 C.P.C., to direct first respondent not to alienate or

encumber the suit property till pending of the suit. I.A.No.5 of 2020 was

filed under Order XXXVIII Rule 5 C.P.C., for attaching the petition

mentioned property before judgment. Both the applications are pending

without disposal. If these applications are not disposed immediately, there is

a possibility of the first respondent alienating or encumbering the property.

Considering the nature of the suit and the limited prayer, this Court directs

the learned Additional District Judge, Chengalpattu, to dispose I.A.No.4 of

2020 and I.A.No.5 of 2020, as expeditiously as possible, preferably within a

period of one month from the date of receipt of a copy of this order.

3.Accordingly, this Civil Revision Petition is disposed of. No

costs.

C.R.P.(P.D).Nos.2245 & 2249 of 2021

ep 29.10.2021

Index:Yes/No Internet:Yes/No Speaking Order: Yes/No

To

1. The Additional Judge, District Court, Chengalpattu.

C.R.P.(P.D).Nos.2245 & 2249 of 2021

2. The Section Officer, VR Section, High Court of Madras.

C.R.P.(P.D).Nos.2245 & 2249 of 2021

G.CHANDRASEKHARAN.J,

ep

C.R.P.(P.D)Nos.2245 & 2249 of 2021

29.10.2021