N.Ramesh v. Salem Omalur Maanguppai Sri Arulmighu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.03.2020

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR CRP No.1131 of 2020 N.Ramesh

...Petitioner/1st Defendant

Vs.

1. Salem Omalur Maanguppai Sri Arulmighu Mannatha Swamy and Sri Pachayeeamman Koil, Pangaligal Nirvaga Sangam Rep. by its Secretary A.Rathinavel, s/o Appusamy, 2/172, Chinna Paatan Nagar, Maramangalathupatty, Salem 636 030.

2. A.Elango

3. D.Raji ...Respondents 1 to 3 /Respondents/Plaintiffs

4. Singaram

5. Manimaran (respondents 4 and 5 are given up in the revision)

...Respondents 4 to 5

/Petitioners 2 & 3 /Respondents 4 & 5 Prayer:

This Civil Revision Petition has been filed under Section 227 of the Constitution of India to direct the District Munsif, Omalur to conduct enquiry and pass final orders in I.A.No.1369 of 2018 in O.S.No.119 of 2018, on his file, within the time frame, as stipulated by this court.

For Petitioner : Mr.D.Sivakumar

ORDER

This revision petition has been filed to direct the District Munsif, Omalur to conduct enquiry and pass final orders in I.A.No.1369 of 2018 in O.S.No.119 of 2018, within the time fram as stipulated by this court.

2. The petitioner herein the first defendant in the above said suit and the respondents 1 to 3 have filed the suit https://hcservices.ecourts.gov.in/hcservices/

for declaration that the plaintiffs' Association is entitled to manage and administer the affairs of the suit temple and also for consequential injunction. Pending suit, the petitioner along with other defendants have filed a petition in I.A.No.1369 of 2018 under Order VII Rule 11 of the Code of Civil Procedure to reject the plaint, in which the plaintiffs have also filed counter affidavit. However, the trial court has adjourned the matter from time to time and it was pending from the year 2018 without any progress. Hence the petitioner filed this revision petition.

3. Considering the limited scope of prayer and also considering the fact that the petition is of the year 2018, this court is inclined to pass the following order. i) The District Munsif, Omalur is directed to dispose the application in I.A.No.1369 of 2018 in O.S.No.119 of 2018, as early as possible, within 12 weeks from the date of receipt of this order.

4. With the above observation, this civil revision petition is disposed of. No costs. The orders passed by the Trial Court is upheld.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar mst To The District Munsif, Omalur.

+1cc to Mr.D.Shivakumar, Advocate, S.R.No.22785 CRP No.1131 of 2020 KJ(CO) KKV/21/07/2020 https://hcservices.ecourts.gov.in/hcservices/