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Madras High CourtCRP/1006/2015dismissed

R. Devi v. R. Srinivasan

2015-03-11Honourable Mr Justice K. Kalyanasundaram4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.03.2015 C O R A M THE HONOURABLE Mr.JUSTICE K.KALYANASUNDARAM CRP.PD.No.1006 of 2015 and M.P.No. 1 of 2015 R.Devi ... Petitioner Vs.

R.Srinivasan ... Respondent PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India against the order in I.A.No.179 of 2014 in O.S.No.50 of 2014 passed by the District Munsif Court, Mettuplayam dated 12.03.2014 and subsequently extended as I.O.E dated 22.01.2015.

For Petitioner : Mr. S.Venkatesh

O R D E R

The civil revision petition is filed challenging the order dated 12.03.2014 passed by the Learned District Munsif, Mettupalayam, Coimbatore, in I.A.No.179 of 2014 in O.S.No.50 of 2014. 2.The petitioner is the defendant in O.S.No.50 of 2014 filed by the respondent for permanent injunction. The respondent / plaintiff also filed I.A.No.179 of 2014 under Order 39 Rules 1 and 2 of Civil Procedure Code, seeking temporary injunction restraining the respondent, her men and agents from in any way interfering with his

peaceful possession and enjoyment of the suit property. 3.The Trial Court granted interim injunction on 12.03.2014 and subsequently, it has been extending the interim order and the application is now posted on 24.03.2015.

4.Mr.S.Venkatesh, learned counsel for the petitioner submitted that the petitioner has already filed a counter on 20.03.2014 and the written arguments was filed on 11.09.2014, but, the trial Court, without disposing of the injunction application, has been adjourning without any justifiable reason. The learned counsel further submitted that the trial Court has not assigned valid reasons for granting interim order.

5.Considering the facts and the submission of the learned counsel for the petitioner, this civil revision petition is disposed of with the direction to the Learned District Munsif, Mettupalayam to dispose of I.A.No.179 of 2014 in O.S.No.50 of 2014 as expeditiously as possible, preferably, on or before 30.04.2015 on merits and in accordance with law.

In the result, the civil revision petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 11.03.2015 Index : Yes/No Internet : Yes/No sms/srn To The Additional District Munsif, Thiruchengode. K.KALYANASUNDARAM,J.

sms/srn CRP.PD.No.1006 of 2015 and M.P.No. 1 of 2015 11.03.2015