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Madras High CourtCRP/1583/2018disposed of

Southern Television Pvt Ltd v. James Peter

2018-06-11Honourable Mr Justice P. Velmurugan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 11.06.2018 Coram:

THE HONOURABLE MR.JUSTICE P.VELMURUGAN C.R.P.(PD)No.1583 of 2018

1. M/s. Southern Television Pvt. Ltd., rep. by its Director R.N.Damani, Shop No.6, Ground Floor, Rayala Towers, No.781 to 785, Anna Salai, Chennai 600 002.

2. Nitin V Patel

3. Shankarlal B Patel

4. S.Kalyani ... Petitioners Vs.

James Peter ... Respondent Civil Revision Petition has been filed under Article 227 of the Constitution of India seeking direction of this Court to the District Munsif, Tiruvottiyur, to expedite the trial in O.S.No.74 of 2016. For Petitioners : Mr.J.D.Srikanth Varma For Respondent : Mr.K.Balaji

ORDER

This civil revision petition has been filed seeking direction of this Court to the learned District Munsif, Tiruvottiyur, to expedite the trial in O.S.No.74 of 2016.

According to the learned counsel counsel for the respondent, the respondent filed a suit in O.S.No.74 of 2016 for permanent injunction in which he has also filed an interlocutory

application in I.A.No.317 of 2016 seeking interim injunction. The trial Court allowed the application by an order dated 21.04.2016. Aggrieved against the same, the petitioner herein preferred civil miscellaneous appeal in C.M.A.No.14 of 2016 and the same was allowed by an order dated 28.04.2018 by setting aside the order dated 21.04.2016, which was granted in favour of the respondent/plaintiff. Now, after getting the above order, the petitioner herein rushed to this Court with the present civil revision petition seeking speedy disposal of the suit in O.S.No.74 of 2016. The learned counsel further submits that the respondent herein also filed civil revision petition against the order dated 28.04.2018 passed in C.M.A.No.14 of 2016 before this Court which is at SR stage.

The learned counsel for the petitioner would submit that the petitioner seeks only speedy disposal of the suit and it will not cause any prejudice to the respondent, since he is the plaintiff in the suit.

Heard the learned counsel appearing on either side and perused the materials available on record.

On a perusal of the records, it reveal that petitioner herein only sought for speedy disposal of the suit in O.S.No.74 of 2016, which will not cause any serious prejudice to the respondent, since he is the

plaintiff in the suit and in fact, it will make the plaintiff to get speedy justice. In other words, if the order for speedy disposal passed in the present civil revision petition does not make any bearing on the disposal of the civil revision petition, which is said to have been filed by the respondent/plaintiff, now at SR stage. In view of the above, the trial Court is directed to dispose of the main suit in O.S.No.74 of 2016 within a period of six months from the date of receipt of a copy of this order. The petitioner and respondent herein are directed to cooperate for early disposal of the suit. It is made clear that no extension of time will be granted for disposal of the suit.

With the above observations and direction, the civil revision petition is disposed of. No costs.

11.06.2018 Internet: Yes/No cgi Note: Issue order copy on 13.06.2018 To The District Munsif, Tiruvottiyur.

P.VELMURUGAN, J., cgi C.R.P.(PD)No.1583 of 2018 11.06.2017