Ganshiamdoss v. Roja
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:24.07.2019
CORAM:
THE HONOURABLE MR.JUSTICE M.GOVINDARAJ C.R.P.(PD) No.2378 OF 2019 1.Ganshiamdoss 2.Manikchand 3.Prakashraj ... Petitioners Vs.
1.Roja 2.Ravi 3.Rajappah 4.Abhishek Mutha 5.M.Pradeepkumar 6.M.P.Nareshkumar 7.M.P.Vishali ... Respondents PRAYER: Civil Revision Petition filed under Article 227 of Constitution of India, praying to direct the Subordinate Judge, Ponneri to dispose of the said suit in O.S.No.193 of 2017 within the stipulated period fixed by this Court.
For Petitioners : Mr.P.Balamurugan
O R D E R
The petitioners are the defendants. The respondents filed a suit against the petitioners for declaration and injunction, in which the Trial Court has granted an exparte interim injunction. Against which, the petitioners filed counter affidavit on 04.04.2018. However, the matter is periodically adjourned, without any process in the said interim application.
2. Learned counsel for the petitioners would submit that they have filed an application under Order VII Rule 11 of CPC for rejection of plaint on 04.04.2018. Even that application is also kept pending without any progress.
3. Aggrieved over the pendency of the applications for more than one year, the petitioners are before this Court for early disposal of the interim applications.
4. From the perusal of the adjudications, it is seen that the Interlocutory Applications are pending for more than one year without any disposal and interim injunction granted on 06.10.2017 is continuing till date.
5. Considering the facts and circumstances of the case, the learned Sub Judge, Sub Court, Ponneri is directed to dispose of I.A.No.583 of 2017 in O.S.No.193 of 2017, within a period of one month from the date of receipt of a copy of this order. 6.The Civil Revision Petition is disposed of with the above observation and direction. No costs.
24.07.2019 Index: Yes/No Speaking Order/Non Speaking order.
bkn To The Subordinate Judge, Ponneri.
M.GOVINDARAJ, J.
bkn C.R.P.(PD) No.2378 OF 2019 24.07.2019