S.A. Arulraj v. C. Mathew Jesudoss

IN THE HIGH COURT OF JUDICATURE OF MADRAS

DATED: 06.03.2025

CORAM:

THE HONOURABLE MS. JUSTICE P.T.ASHA S.A.Arulraj

...Petitioner

Vs C. Mathew Jesudoss

...Respondent

PRAYER: Civil Revision Petition filled under Article 227 of Constitution of India to issue suitable direction to the Additional Sub Court, Kancheepuram to dispose the application I.A.No.3 of 2023 in O.S.No.406 of 2023 on the file of the Additional Sub Court, Kancheepuram within the time fixed by this Court. For Petitioner : Mr.K.Sukumaran

O R D E R

This Civil Revision Petition is filed seeking a direction to the learned Additional Subordinate Judge, Kancheepuram to dispose the application in I.A.No.3 of 2023 in O.S.No.406 of 2023 on the file of 1/4

the Additional Sub Court, Kancheepuram within a time frame to be fixed by this Court.

2. The respondent in I.A.No.3 of 2023 in O.S.No.406 of 2023 pending on the file of the Additional Subordinate Court, Kancheepuram is the revision petitioner before this Court seeking an early disposal of the aforesaid I.A.

3. It is contended by the learned counsel for the petitioner that on 02.11.2023, the petitioner/respondent had filed an affidavit of undertaking. In this affidavit, the respondent had undertaken to maintain status-quo till the interim application for injunction is disposed of. He had also undertaken to file his counter and prayed that, on the date of filing of his counter, the injunction application could be taken up for hearing. The learned counsel would submit that after having given such an undertaking and both parties having concluded their arguments, the matter was posted on 04.01.2024 "for 2/4

orders" but the orders are yet to be passed in the said I.A. The undertaking is working to the disadvantage of the petitioner in as much as from 02.11.2023, he is being bound by his own undertaking.

4. Taking into consideration the above submissions and the fact that the learned Additional Subordinate Judge, Kancheepuram had posted the matter 'for orders' on 04.01.2024 after hearing the parties and orders are yet to be pronounced, a direction is issued to the learned Additional Subordinate Judge, Kancheepruam to dispose of I.A.No.3 of 2023 in O.S.No.406 of 2023 within a period of one month from the date of receipt of a copy of this order. No costs. 06.03.2025 Index: yes/no Speaking Order: Yes/No srn To The Additional Sub Court, Kancheepuram P.T.ASHA, J.

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