← Library
Madras High CourtCRP/621/2019dismissed

G.Karthika v. N.Ponraj

2019-02-19Honourable Ms. Justice P.T. Asha4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :19.02.2019

CORAM

THE HONOURABLE Ms.JUSTICE P.T.ASHA C.R.P.(PD).No.621 of 2019 and C.M.P.No.4151 of 2019 G.Karthika ... Petitioner -vs1.N.Ponraj 2.Vendam Amirthammal 3.P.Gowri 4.N.Gunasekaran 5.P.Gopal 6.A.Saravana Pandian 7.The Sub-Registrar Joint-2, Saidapet, Chennai - 600 015.

... Respondents PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the order order and decreetal order passed in I.A.No.2 of 2019 in O.S.No.4714 of 2017 dated 11.01.2019 on the file of 7th Additional City Civil Court, Chennai. For Petitioner : Mr.V.V.Sairam *****

ORDER

The above Civil Revision Petition has filed, challenging the order passed in I.A.No.2 of 2019 in O.S.No.4714 of 2017 by the

7th Additional City Civil Court, Chennai in and by which the learned Judge has granted an order of interim injunction restraining the respondents 5 & 6 from interfering with the peaceful possession and enjoyment of the plaintiff of the plaint schedule property. The Civil Revision Petition has been filed under Article 227 of the Constitution of India without proceeding to file the Civil Miscellaneous Appeal on the ground that the injunction has been granted even before the notice has been served on the revision petitioner who are the respondents 5 & 6 in the interlocutory application.

2.This is the only ground on which the revision petitioners have approached this Court directly. The matter is only adjourned for the counter of respondents 5 & 6 and it is also seen that after the interim order has been passed the respondents have appeared before this Court and requested time for filing counter and the counsel would inform that the matter is posted next week for the counter.

3.In find no infirmity in the order and the Civil Revision Petition stands dismissed. However, considering the fact that the

revision petitioner has sought for a mandatory injunction, the learned Judge shall proceed to dispose of the same within a period of one month from the date of receipt of a copy of this order. Consequently, the connected Civil Miscellaneous Petition is closed. No costs.

19.02.2019 Index : Yes/No Internet : Yes / No Speaking/non-speaking order jrs/arb To The 7th Additional City Civil Judge, Chennai.

P.T.ASHA, J.

jrs/arb C.R.P.(PD).No.621 of 2019 and C.M.P.No.4151 of 2019 19.02.2019