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Madras High CourtCRP/2936/2015disposed of

G.Dhanasekar v. M.Nagaraj

2015-07-23Honourable Mr Justice M.Duraiswamy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.07.2015

CORAM

THE HONOURABLE MR. JUSTICE M. DURAISWAMY C.R.P.((PD) No.2936 of 2015 & M.P.No.1 of 2015 G.Dhanasekar .... Petitioner v.

M.Nagaraj .... Respondent Civil Revision Petition filed under Article 227 of the Constitution of India to direct the Additional District Munsif, Poonamallee to dispose of I.A.No.1189 of 2013 in O.S.No.416 of 2013 within a time frame fixed by this court. For Petitioner : Mr.D.Senthill Kumar

ORDER

The defendant in O.S.No.416 of 2013 on the file of Additional District Munsif Court, Poonamallee has filed the above Civil Revision Petition to direct the Trial Court to dispose of the Interlocutory Application in I.A.No.1189 of 2013, within a stipulated time.

2. The plaintiff filed the suit in O.S.No.416 of 2013 for permanent injunction. In the said suit, the plaintiff filed an application in I.A.No.1189 of 2013 for interim injunction and the Trial Court granted an order of interim injunction on 23.03.2013.

3. The learned counsel appearing for the revision petitioner submitted that the respondent-plaintiff has dragged on the matter for nearly two years. In spite of the fact that the petitioner-defendant has filed his counter in the application, the Trial court has not disposed of the application till today. Further, the learned counsel submitted that in view of the long pendency of the application, the petitioner is put to hardship and prejudice.

4. Having regard to the submission made by the learned counsel appearing for the revision petitioner and also taking into consideration the limited prayer

sought for in the Civil Revision Petition, without expressing any opinion with regard to the merits of the case, I direct the Additional District Munsif Court, Poonamallee to dispose of the application in I.A.No.1189 of 2013 in O.S.No.416 of 2013 on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. With this observation, the Civil Revision Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. Index : No 23.07.2015 Internet : Yes Note : Issue copy of the order by 27.07.2015 Rj To The Additional District Munsif Court, Poonamallee

M. DURAISWAMY,J., Rj C.R.P.((PD) No.2936 of 2015 & M.P.No.1 of 2015 23.07.2015