Madras High Court
T.Asai vs Uma Maheswari on 12 October, 2023
C.R.P(MD)No.2580 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 12.10.2023
CORAM:
THE HONOURABLE MR.JUSTICE P.B.BALAJI
C.R.P(MD)No.2580 of 2018
T.Asai ... Petitioner /appellant/ petitioner/
respondent/defendant
.Vs.
N.Anandha Krishnan (Died)
1.Uma Maheswari
2.A.Rajalakshmi ... Respondent / Respondents/ Respondents/
petitioners /Plaintiffs
PRAYER: Civil Revision Petition filed under Section 115 of the Code
of Civil Procedure, against the fair and decretal order, dated 04.10.2018
made in C.M.A.No.34 of 2017 on the file of II Additional Subordinate
Court, Madurai, confirming the fair and decretal order dated 17.06.2017,
made in I.A.No.492 of 2014 in I.A.No.423 of 2012 in O.S.No.126 of
2012 on the file of District Munsif, Madurai Taluk.
For Petitioner : Mr.P.Ganapathi Subramanian
For Respondents :Mr.Arjun
for Mr.N.Vallinayagam for R1 & 2
1/4
https://www.mhc.tn.gov.in/judis
C.R.P(MD)No.2580 of 2018
ORDER
The defendant, who suffered an exparte decree and also an
order of interim injunction in I.A.No.492 of 2014 in I.A.No.423 of 2012
in O.S.No.126 of 2012 is the revision petitioner.
2. I.A.No.423 of 2012 has filed to set aside the exparte order
of interim injunction granted in favour of the respondents / plaintiffs
herein. The said application came to be allowed and simultaneously, the
revision petitioner was also set exparte for not filing the written
statement within 90 days from the date of service of summons.
3. As against the exparte decree, the revision petitioner filed
an application to set aside the exparte decree which came to be dismissed
by the trial Court and the same was also confirmed in Appeal.
4. As against the same, today, I have allowed the Revision
[C.R.P.(MD)No.2579 of 2018] filed at the instance of the defendant with
a direction to the trial Court to dispose of the suit as expeditiously as
possible, not later than 3 months from the date of commencement of the
trial.
https://www.mhc.tn.gov.in/judis
C.R.P(MD)No.2580 of 2018
5. Insofar as the present application is concerned, the
respondents were enjoying the benefit of interim order from the year
2012 and it will not be in the interest of justice to up set the said status
qua prevaility.
6. Under such circumstances, I am unable to interfere with
the order / judgment of the Sub Judge confirming the dismissal of the
application filed by the revision petitioner, seeking to set aside the
exparte order of the interim injunction granted in favour of the
respondents. In the other revision [C.R.P.(MD)No.2579 of 2018], I have
already directed the parties to co-operate for disposal of the suit and
therefore, in such view of the matter, no prejudice will be caused to the
revision petitioner, if the interim order continues till the disposal.
7. Hence, the instant Civil Revision Petition stands
dismissed. There shall be no order as to cost.
Index:Yes/No 12.10.2023
Internet:Yes/No
NCC:Yes/No
Ls
https://www.mhc.tn.gov.in/judis
C.R.P(MD)No.2580 of 2018
P.B.BALAJI,J.
Ls
To
1. The II Additional Subordinate Court,
Madurai.
2.The District Munsif,
Madurai Taluk.
3.The Section Officer,
VR Section,
Madurai Bench of Madras High Court,
Madurai.
C.R.P(MD)No.2580 of 2018
12.10.2023
https://www.mhc.tn.gov.in/judis
