V.Saravanan vs P.K.Ganesan
2024 Latest Caselaw 20560 Mad

Madras High Court

V.Saravanan vs P.K.Ganesan on 29 October, 2024

Author: G.R.Swaminathan

Bench: G.R.Swaminathan

                                                                            C.R.P.(MD)No.2694 of 2024




                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                             Dated : 29.10.2024

                                                 CORAM

                            THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

                                       C.R.P.(MD)No.2694 of 2024
                                                 and
                                      C.M.P.(MD)No.15388 of 2024


                V.Saravanan                       ... Petitioner/7th Appellant / 7th Petitioner/
                                                                  7th Plaintiff

                                                   Vs.


                1.P.K.Ganesan

                2.K.Ramesh

                3.C.Manickam

                4.A.Sathya Moorthy        ... Respondents 1 to 4 / Respondents 1 to 4 /
                                        Respondents 1 to 4 / Defendants 1 to 3 & 3rd Party
                5.M.S.Packiam

                6.T.Ganesan

                7.A.Veeramani

                8.M.Balasubramanian

                9.J.Murugavel

                10.C.M.Gurusamy

https://www.mhc.tn.gov.in/judis
                1/4
                                                                                C.R.P.(MD)No.2694 of 2024



                11.S.Dhaneshwaran                   ... Respondents 5 to 11 / Appellants 1 to 6 & 8/
                                                        Petitioner 1 to 6 & 8 / Plaintiff 1 to 6 & 8

                Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of
                India, to set aside the Judgment and decree passed by the learned Sub Judge,
                Sivakasi in C.M.A.No.5 of 2023, dated 17.04.2024 arising out of I.A.No.3 of
                2023 in O.S.No.133 of 2023, dated 20.11.2023 on the file of the learned
                District Munsif, Sivakasi and allow the Civil Revision Petition.


                          For Petitioner       : Mr.D.Dhanachandra Prakash


                                                     ORDER

Heard the learned counsel appearing for the revision petitioner. Issuance

of notice to the respondents is dispensed with.

2. The petitioner is figuring as 7th plaintiff in O.S.No.133 of 2023 on the

file of the District Munsif Court, Sivakasi. The plaintiff filed I.A.No.3 of 2023

for injunction. It was declined. Questioning the same, the petitioner filed

C.M.A.No.5 of 2023 before the Sub Court, Sivakasi. It was also declined.

Challenging the same, this civil revision petition has been filed.

3. When the two courts have concurrently declined to grant temporary

injunction, by exercising revisional jurisdictional I do not propose to interfere.

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

4. However, taking note of the overall facts and circumstances, the

learned District Munsif Court, Sivakasi is directed to dispose of O.S.No.133 of

2023 on merits and in accordance with law within a period of three months

from the next hearing date.

5. The Civil Revision Petition is disposed of accordingly. No costs.

Consequently, connected miscellaneous petition is closed.

                                                                                   29.10.2024

                NCC               : Yes / No
                Index             : Yes / No
                Internet          : Yes / No
                rmi


                To:

                1.The Sub Judge, Sivakasi.

                2.The District Munsif, Sivakasi.

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

G.R.SWAMINATHAN, J.

rmi

29.10.2024

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