Joseph vs G.Vijayakumari
2023 Latest Caselaw 4381 Mad

                                                                                   C.R.P.No.1087 of 2023


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED: 18.04.2023

                                                          CORAM:

                                  THE HONOURABLE Dr. JUSTICE D. NAGARJUN

                                        Civil Revision Petition.No.1087 of 2023
                                                          and
                                      Civil Miscellaneous Petition.No.7724 of 2023


                  Joseph                                                 ... Petitioner

                                                           Vs.


                  G.Vijayakumari                                        .... Respondent

                  Prayer: Civil Revision Petition filed under Article 227 of the Constitution
                  of India seeking to set aside the judgment and decree dated 19.12.2022 made
                  in C.M.A.No.28 of 2017 on the file of the Sub-Ordinate Judge, Poonamallee.


                                         For Petitioner            : Mr.V.R.Appaswamee



                                                     ORDER

Heard the learned counsel for the petitioner and perused the material

available on record.

2. This Civil Revision Petition is filed aggrieved by the orders passed https://www.mhc.tn.gov.in/judis

C.R.P.No.1087 of 2023

in C.M.A.No.238 of 2017 dated 19.12.2022 on the file of the Sub-Ordinate

Judge, Poonamallee, granting interim injunction against the petitioner herein

in respect of the suit schedule property.

3. Originally, the respondent has filed a suit against the

petitioner/defendant in O.S.No.238 of 2017, for grant of perpetual injunction

and the respondent has filed I.A.No.481 of 2017, seeking interim injunction

and the said petition was dismissed. Aggrieved by the same, the respondent

had preferred C.M.A.28 of 2017, on the file of the Sub-Ordinate Judge,

Poonamallee and the same was allowed.

4. On considering the submissions made by the learned counsel for the

petitioner and on perusal of the record, it is clear that the suit was filed in the

year 2017, the petitioner has also filed written statement in the year 2018 and

the issues were also framed. Since, it is simple suit for injunction, pleading

have also been completed and riped for disposal, it is appropriate to dispose

of the Civil Revision Petition by giving certain direction to the trial Court to

take up the main suit itself.

5. Accordingly, this Civil Revision Petition is disposed of with a https://www.mhc.tn.gov.in/judis

C.R.P.No.1087 of 2023

direction to the trial Court to take up the trial in main O.S.No.238 of 2017

and dispose of the same as expeditiously as possible, not later than eight

months. No costs. Consequently, connected C.M.P.No.7724 of 2023 is

closed.

18.04.2023

jai

To

The Sub Ordinate Judge, Poonamallee.

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

C.R.P.No.1087 of 2023

Dr. D. NAGARJUN, J.

jai

C.R.P.No.1087 of 2023

18.04.2023

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