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Madras High CourtCRP/4775/2012allowed

Venkatasubramanian v. Varadharajan

2020-03-04Honourable Mr Justice S. Vaidyanathan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.03.2020

CORAM:

THE HONOURABLE Mr. JUSTICE S.VAIDYANATHAN CRP PD NO.4775 of 2012

1. Mr. Venkatasubramanian

2. Mr. Gururajan

3. Mr. Kannan

4. Mr. Subash Chandran

5. Mr. Balakumar ... Petitioners -Vs1. Mr. Varadharajan

2. Mr. Raghavan

3. Smt. Latha

4. M/s. Meenakshmi Constructions a firm represented by its Managing Partner Smt. Latha

5. The Assistant Engineer, TNEB, Madipakkam, Chennai 91.

6. Smt. Brinda

7. Mr. Manikandan

8. Smt. Vasanthi ... Respondents Prayer : Civil Revision Petition filed under Section 227 of the Constitution of India praying to set aside the order passed in I.A.No.1191 of 2011 in O.S.No.7 of 2010 dated 17.09.2012 on the file of the Principal District Munsif, Alandur.

For Petitioners : Mr.M.P. John Peter For Respondents For R1 : Mr. N. Subramani For R3 : Mr. G. Balraj For R5 : Mr. V. Viswanathan For R8 : Mr. B. Ullasavelan 1/4

ORDER

This Civil Revision Petition has been filed to set aside the order passed in I.A.No.1191 of 2011 in O.S.No.7 of 2010 dated 17.09.2012 on the file of the Principal District Munsif, Alandur.

2. It is represented by the learned counsel that, the Suit is ready for trial and it is in part- heard stage.

3. In view of the interim order dated 21.12.2012 granted by this Court, electricity connection to all the Flats belonging to the Petitioners and the Respondents herein, is restored. Since the issue is with regard to shifting of electricity meter, this Court is of the view that the Suit has to be decided, as the interim relief granted by the Trial Court may affect one or more parties, more particularly, the petitioners herein.

4. Hence, this Court, while setting aside the order dated 17.09.2012 passed by the trial Court in I.A.No.1191 of 2011 in O.S.No.7 of 2010, with regard to disconnection of electricity, permits the parties to put forth all the pleadings before the trial Court that have been addressed in the present I.A, and the same may be considered in the Suit itself. 2/4

5.

Since the Suit in O.S.No.7 of 2010 is almost a decade old, the Trial Court is expected to proceed with the matter, without adjourning the same beyond 10 working days at any point of time. 6.

The Civil Revision Petition is allowed with the above direction. No costs.

04.03.2020 bga 3/4

S.VAIDYANATHAN, J., bga CRP PD NO.4775 of 2012 04.03.2020 4/4