Madras High Court
S.Jayamani vs Gmj Paper And Boards Pvt. Ltd on 25 April, 2023
C.R.P.(MD)No.263 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 25.04.2023
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN
C.R.P.(MD)No.263 of 2022
and
C.M.P.(MD)Nos.1225 and 4621 of 2022
S.Jayamani,
District Secretary,
Dindigual Maavatta Paper Mills
Thozhilalar Sangam - AITUC,
No.30/13, Scheme Road,
Dindigul. .. Petitioner
Versus
GMJ Paper and Boards Pvt. Ltd.,
Saminathapuram, Palani Taluk,
Rep. by its Director,
Jacob Mathew .. Respondent
Prayer :- Petition filed under Article 227 of the Constitution of India, to direct the
learned Principal Subordinate Judge, Palani, to stay of C.M.A.No.1 of 2021, on the
file of the Principal Subordinate Judge, Palani, in I.A.No.2 of 2020, on the file of the
District Munsif Court, Palani, in O.S.No.11 of 2020.
For Petitioner : Mr.G.M.Xavier
For Respondent : Mr.S.Ramesh
https://www.mhc.tn.gov.in/judis
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C.R.P.(MD)No.263 of 2022
ORDER
This Civil Revision Petition has been filed to set aside the fair and ex-order
dated 02.12.2021 made in C.M.A.No.1 of 2021, on the file of the Principal
Subordinate Judge, Palani, confirming the fair and ex-order dated 23.12.2020, passed
in I.A.No.2 of 2020 in O.S.No.11 of 2020, on the file of the District Munsif Court,
Palani.
2.The petitioner is the defendant in O.S.No.11 of 2020 before the District
Munsif Court at Palani. The said suit has been filed by the respondent for a bare
injunction. In the said suit, the respondent had also filed I.A.No.2 of 2020 for an
interim relief under Order XXXIX Rules 1 to 3 and Section 151 of C.P.C.
3.The learned District Munsif, Palani, has allowed the application on
23.12.2020. Aggrieved by the same, the petitioner herein, who was the defendant in
the suit, had filed C.M.A.No.1 of 2021 before the Principal Subordinate Court,
Palani. The learned Principal Subordinate Judge, Palani, vide the impugned
judgment and decree, dated 02.12.2021, has dismissed the said appeal. Aggrieved by
the same, the petitioner has now before this Court with the present Civil Revision
Petition.
https://www.mhc.tn.gov.in/judis
C.R.P.(MD)No.263 of 2022
4.It is noticed that the petitioner has secured an interim order from this Court
on 16.02.2022. The respondent has also filed counter affidavit on an application for
vacating the interim order. However, the case has been adjourned from time to time.
The case records also indicate that the petitioner has also filed a written statement
before the District Munsif Court at Palani on 03.11.2020.
5.Considering the above, I do not find any merit in the present Civil Revision
Petition. Therefore, the present Civil Revision Petition is liable to be dismissed.
Considering the fact that the petitioner has also filed the written statement, the
learned District Munsif, Palani, is directed to proceed with the trial after framing
issues. The learned District Munsif, Palani, shall endeavour to dispose the suit as
expeditiously as possible, preferably, within a period of 12 months from the date of
receipt of a copy of this order.
6.This Civil Revision Petition stands dismissed with the above observation
and direction. No costs. Consequently, connected Miscellaneous Petitions are
closed.
NCC : Yes/No 25.04.2023
Index : Yes/No
Internet : Yes/No
smn2
To
1.The Principal Subordinate Judge,
Palani.
2.The District Munsif, Palani.
https://www.mhc.tn.gov.in/judis
C.R.P.(MD)No.263 of 2022
C.SARAVANAN, J.
smn2
Order made in
C.R.P.(MD)No.263 of 2022
25.04.2023
https://www.mhc.tn.gov.in/judis
