Rathinam vs Periyanayagam
2022 Latest Caselaw 9469 Mad

                                                                           C.R.P.(NPD).No.1445 of 2022 and
                                                                                    C.M.P.No.7471 of 2022

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED: 06.06.2022

                                                            CORAM:

                                     THE HON'BLE Ms.JUSTICE R.N.MANJULA

                                            C.R.P.(NPD).No.1445 of 2022 and
                                                 C.M.P.No.7471 of 2022
                  1.Rathinam

                  2.Fathima

                  3.Pushparani

                  4.Sowrinayagarajan

                                                                                         ... Petitioners
                                                              Vs.
                  Periyanayagam
                                                                        ... Respondent
                  PRAYER : Civil Revision Petition is filed under Article 227 of the
                  Constitution of India, to set aside the judgment and decree made in
                  C.M.A.No.5 of 2019, on the file of the Principal Subordinate Judge,
                  Kallakurichi dated 08.10.2021, reversing the order and decreetal order made
                  in I.A.No.589 of 2018 in O.S.No.97 of 2018, on the file of the Principal
                  District Munsif Court, Kallakurichi.


                                   For Petitioners      :    Mr.V.Balamurugan




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https://www.mhc.tn.gov.in/judis
                                                                            C.R.P.(NPD).No.1445 of 2022 and
                                                                                     C.M.P.No.7471 of 2022

                                                         ORDER

This civil revision petition has been preferred to set aside the judgment

and decree made in C.M.A.No.5 of 2019, on the file of the Principal

Subordinate Judge, Kallakurichi dated 08.10.2021, reversing the order and

decreetal order made in I.A.No.589 of 2018 in O.S.No.97 of 2018, on the file

of the Principal District Munsif Court, Kallakurichi.

2. The petitioners are the defendants in the suit. The suit has been filed

for partition in respect of the suit properties. During the pendency of the suit,

the respondent / plaintiff has filed a petition in I.A.No.589 of 2018, to restrain

the petitioners/defendants from putting up construction in the suit properties.

Despite ad-interim injunction was granted, that was later vacated on

13.09.2019. Aggrieved over that, the respondent/plaintiff has preferred

C.M.A.No.5 of 2019 and the said civil miscellaneous appeal was allowed.

Now, the petitioners have challenged the said order by preferring this civil

revision petition.

3. Now, it is reliably understood that the suit has reached the stage of

trial and there is scope for early disposal of the suit itself. In such view of the

https://www.mhc.tn.gov.in/judis C.R.P.(NPD).No.1445 of 2022 and C.M.P.No.7471 of 2022

matter, I feel that the parties can agitate their interest by actively participating

in the early trial of the suit.

4. Hence, this civil revision petition is dismissed with a direction for

disposal of the suit within a period of three months from the date of receipt of

a copy of this order. It is also made clear that the suit may be disposed of,

without getting influenced by any of the observations made by the learned

Principal Subordinate Judge, Kallakurichi, in C.M.A.No.5 of 2019. No costs.

Consequently, connected miscellaneous petition is closed.

06.06.2022 Index: Yes/No Speaking / Non Speaking Order gsk

To

1.The Principal Subordinate Judge, Kallakurichi

2.The Principal District Munsif Court, Kallakurichi.

https://www.mhc.tn.gov.in/judis C.R.P.(NPD).No.1445 of 2022 and C.M.P.No.7471 of 2022

R.N.MANJULA, J

gsk

C.R.P.(NPD).No.1445 of 2022 and C.M.P.No.7471 of 2022

06.06.2022

https://www.mhc.tn.gov.in/judis