Smt.Saraswathi vs Ganeshan
2023 Latest Caselaw 15021 Mad

Madras High Court

Smt.Saraswathi vs Ganeshan on 27 November, 2023

Author: J. Sathya Narayana Prasad

Bench: J. Sathya Narayana Prasad

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED: 27.11.2023

                                                       CORAM:

                          THE HON'BLE MR.JUSTICE J. SATHYA NARAYANA PRASAD

                                                 C.R.P.No.4278 of 2019
                                                          and
                                                C.M.P.No.27922 of 2019

                     Smt.Saraswathi                                                  ... Petitioner
                                                         Vs.

                     1. Ganeshan

                     2. R.Manoj

                     3. Pushpa                                                  ... Respondents

                     PRAYER:- This Civil Revision Petition is filed under Article 227 of the
                     Constitution of India praying to set aside the order and decretal order
                     passed by the learned Subordinate Court at Coonoor in C.M.A.No.5 of
                     2018 dated 24.10.2019 confirming the fair and decretal order passed by
                     the learned District Munsif, Kotagiri Court at Nilgiris I.A.No.83 of 2018
                     in O.S.No.9 of 2018 dated 04.06.2018 so far as against the Interim
                     Application for injunction filed by the petitioner.
                                     For Petitioner            :    Mr.M.Rajasekar

                                     For Respondents           :    Mr.L.Mouli,
                                                                    For R1 to R3.


                                                       ORDER

https://www.mhc.tn.gov.in/judis This civil revision petition has been filed challenging the judgment

and decretal order dated 24.10.2019 passed in C.M.A.No.5 of 2018 on

the file of Subordinate Court, Conoor.

2. The learned counsel for the petitioner submitted that the suit is

filed for permanent injunction and an application in I.A.No.83 of 2018

has been filed for temporary injunction, which was dismissed by the trial

court on 04.06.2018. Aggrieved by the said order, C.M.A.No.5 of 2018

has been filed on the file of the Sub Court, Conoor and the same was

dismissed vide order and decretal order dated 24.10.2019. Challenging

the said order, the petitioner has come forward with the present civil

revision petition.

3. When the matter was taken up for hearing today, the learned

counsel for the petitioner submitted that this Court may direct the District

Munsif Court to dispose of the suit in O.S.No.9 of 2018 as expeditiously

as possible.

4. The learned counsel appearing for the respondent has also

https://www.mhc.tn.gov.in/judis agreed the above submission made by the learned counsel for the

petitioner.

5. Heard both sides.

6. In view of the above submissions made by the learned counsel

on either side, the learned District Munsif, Kothagiri is hereby directed to

dispose of the suit in O.S.No.9 of 2018 as expeditiously as possible,

preferably within a period of six months from the date of receipt of a copy

of this order.

7. This civil revision petition stands disposed of with the above

direction. No costs. Consequently, connected miscellaneous petition is

closed.

                     Index : No                                                        27.11.2023
                     Internet : Yes
                     kmm

                     To

1. The District Munsif, Kotagiri Court at Nilgiris.

2. The Subordinate Court at Coonoor.

J. SATHYA NARAYANA PRASAD, J.

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

27.11.2023

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