E.K.P.Rajendran v. K.Nachiappan
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.02.2019
CORAM:
THE HONOURABLE Mr.JUSTICE N.SATHISH KUMAR C.R.P.(PD) No.3330 of 2013 E.K.P.Rajendran
...Petitioner
versus K.Nachiappan
...Respondent
Civil Revision Petition filed under Article 227 of the Constitution of India praying to set aside the fair and decretal order dated 30.09.2011 passed in C.M.A.No.15 of 2010 on the file of Subordinate Court and Appellate Authority, Tiruchengode, confirming the fair and decreetal order dated 03.09.2010 made in I.A.No.132 of 2010 in O.S.No.41 of 2010 on the file of Principal District Munsif Court, Tiruchengode.
For Petitioner :
Mr.P.Valliappan For Respondent :
Mr.M.S.Palaniswamy ---
O R D E R
This Civil Revision Petition has been filed against the order of interim injunction passed by the trial Court. The suit itself is filed for permanent injunction in respect of the cart track running over the plaintiff's property.
2. Earlier, the trial Court granted interim injunction in favour of the respondent herein and the same was confirmed in C.M.A.No.15 of 2010. As against which, the present Civil Revision Petition is filed.
3. The trial Court, after considering the prima facie case, has granted interim order and the same does not require interference by this Court and the order passed by the Courts below does not seen any infirmity and hence, the present Civil Revision Petition is liable to be dismissed.
4. Accordingly, this Civil Revision Petition is dismissed. However, the trial Court is directed to dispose of the main suit within a period of four months from the date of receipt of a copy of this order. No costs. 12.02.2019 Index:Yes/No Speaking/Non-speaking Order kmi To
1. The Principal District Munsif Court, Tiruchengode.
2. The Subordinate Judge and Appellate Authority, Tiruchengode.
N.SATHISH KUMAR, J.
kmi C.R.P.(PD) No.3330 of 2013 12.02.2019