Madras High CourtCRP/310/2015disposed of

The Theosophical Society v. S.Ramu

2015-01-29Honourable Mr Justice K. Kalyanasundaram4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.01.2015

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM C.R.P.(PD) No.310 of 2015 and M.P.No.1 of 2015

1. The Theosophical Society Represented by its international President Tim Boyd The Theosophical Society, Adyar, Chennai - 600 020.

2. Chittaranjan Satapathy Vice President & Former International Secretary, The Theosophical Society, Adyar, Chennai - 600 020.

3. M.P.Singhal, Former Vice President, The Theosophical Society, Adyar, Chennai - 600 020.

4. S.Harihararaghavan General Manager, The Theosophical Society, Adyar, Chennai - 600 020.

...

Petitioners Vs.

S.Ramu ...

Respondent PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India against the order passed by the IV Assistant City Civil Judge, Chennai in I.A.No.17322 of 2014 in O.S.No.6425 of 2014 dated 27.11.2014. For Petitioners :

Mr.V.Perumal

O R D E R

This civil revision petition is directed against the order dated 27.11.2014 passed by the IV Assistant City Civil Judge, Chennai in I.A.No.17322 of 2014 in O.S.No.6425 of 2014.

2. The petitioners are the defendants in O.S.No.6425 of 2014 on the file of the IV Assistant City Civil Court, Chennai. The respondent filed the suit for declaration and for permanent injunction. In the suit, he filed I.A.No.17322 of 2014 seeking interim injunction. On 27.11.2014, the trial Court granted an order of Status-quo and subsequently, extended the interim order on 16.12.2014 and 07.01.2015. Challenging that order, the present civil revision petition is filed.

3. Mr.V.Perumal, learned counsel for the petitioners submitted that the respondent is not entitled to get interim order in the suit, but the trial Court, without assigning any reasons, granted interim order which caused hardship to the petitioners. It is further submitted that the petitioners already filed a counter on 21.11.2014, but the Court without disposing of the application on merits, extended the interim order.

4. The revision is filed challenging the interim order passed in I.A.No.17322 of 2014, so, I am of the view that the petitioner has to approach the trial Court to vacate the order. Hence, without expressing any opinion on merits of the case, I direct the IV Assistant Judge, City Civil Court, Chennai to advance the hearing of the application in I.A.No.17322 of 2014 in O.S.No.6425 of 2014 and dispose of the same on merits within a period of six weeks from the date of receipt of copy of this order. No costs. Consequently, connected miscellaneous petition is closed.

29.01.2015 Index : Yes/No Internet : Yes/No sms To The IV Assistant City Civil Judge, Chennai

K.KALYANASUNDARAM, J.

sms C.R.P.(PD) No.310 of 2015 and M.P.No.1 of 2015 29.01.2015