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Madras High CourtCRP/4588/2017dismissed

Venkatesan v. Madammal

2017-12-13Honourable Mr Justice D. Krishnakumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.12.2017

CORAM

THE HON'BLE MR. JUSTICE D. KRISHNAKUMAR CRP.(PD).No.4588 of 2017 and C.M.P.No.21606 of 2017 1.Venkatesan 2.Rajeshwari ..Petitioners Vs.

1.Madammal 2.Manikandan 3.Ammakannu 4.Kandan @ Kandasamy 5.Selvaraj 6.Rathinavel 7.Manickavel ..Respondents PRAYER:

The Civil Revision Petition is filed under Article 227 of the Constitution of India against the fair and decreetal order dated 21.09.2017 passed in I.A.No.825 of 2015 in I.A.No.1346 of 2014 in O.S.No.279 of 2014 on the file of the District Munsif Court, Mettur.

For petitioners : Mr.P.Mani

ORDER

According to the revision petitioners, the revision petitioners have filed a suit in OS.No.279 of 2014. In the aforesaid suit, the revision petitioners have also filed an application in IA.No.1346 of 2014 for interim injunction. Pending suit, the trial court by order dated 23.02.2015 granted status quo. Subsequently, the revision petitioners have filed the present application in IA.No.825 of 2015, which was dismissed. Hence, the revision petitioners have filed the present Civil Revision Petition before this Court.

2. On perusal of the records, the revision petitioners have filed the instant application before the court below stating that the respondent has disobeyed the order of 'status quo' by trying to put fence in the suit property with the help of local authorities and requested the court below to direct to local police to implement the status quo order. Now, the court below has passed an order on 21.09.2017 dismissing the application by holding that the dispute can be decided at the time of trial and there is no documents have been placed before the trial court to show that there is a violation of

the Court order.

3. Therefore, in view of the detailed order passed by the court below, this Court is not inclined to interfere with the order passed by the court below. However, if any disobeyance of the court order, it is for the revision petitioners to work out their remedy in the manner known to law.

4. Further, on the request of the learned counsel for the revision petitioners, considering the fact the suit is of the year 2014, the trial court is directed to dispose of the suit in OS.No.279 of 2014 in accordance with law within the period of six months from the date of receipt of a copy of this Order.

5. The Civil Revision Petition is dismissed with above observations. Consequently, the connected miscellaneous petition is closed. No costs.

13.12.2017 Speaking/Non-speaking order Index :Yes/No Internet:Yes/No lok

D.KRISHNAKUMAR.J, lok To The District Munsif Court, Mettur.

CRP.(PD).No.4588 of 2017 and C.M.P.No.21606 of 2017 13.12.2017