Madras High CourtCRP/1122/2021disposed of

P.Sharavanan v. E.Amudhan Baskar

2021-05-12Honourable Mr Justice Krishnan Ramasamy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.05.2021

CORAM:

THE HON'BLE MR. JUSTICE KRISHNAN RAMASAMY and CMP Nos.8716 and 8717 of 2021 P.Sharavanan .. Petitioner

Versus

1. E. Amudhan Baskar

2. A.B.Jayanthi .. Respondents Civil Revision Petition filed under Article 227 of the Constitution of India against the docket order of the learned District Munsif / Judicial Magistrate Court, Gummidipoondi made in I.A. No.84 of 2021 in O.S. No.19 of 2021, dated 09.04.2021.

For petitioner : Mr.D.S.Ra.P.Pratap Singh

ORDER

This Civil Revision Petition has been filed challenging the docket order dated 09.04.2021 passed in I.A. No.84 of 2021 in O.S. No.19 of 2021 on the file of the District Munsif / Judicial Magistrate Court, Gummidipoondi. 1/4

2. The petitioner is the plaintiff and the respondents are the defendants in the suit. Plaintiff is the tenant and the defendants are the owners of the suit schedule property. On perusal, it is seen that the plaintiff and the defendants have entered into a Rental agreement dated 11.05.2018. It is claimed that the defendants unlawfully evicted the plaintiff and not permitted him to enter the subject property. Hence, the petitioner filed the suit in O.S. No.19 of 2021 on the file of the District Munsif / Judicial Magistrate Court, Gummidipoondi. Pending suit, a petition under Order 39 Rule 1 and 2 of CPC has been filed by the petitioner for grant of interim injunction in I.A. No.84 of 2021. On 09.04.2021, the trial Court ordered notice to the respondents, returnable by 29.04.2021. Aggrieved by the docket order dated 09.04.2021, this Civil Revision Petition has been filed.

3. Mr. D.S.Ra.P. Pratap Singh, learned counsel for the petitioner submits that the respondents are not permitting the petitioner to enter the premises and hence, it would be suffice if a direction is issued by this Court to the trial court for speedy disposal of the I.A.

4. On perusal of the docket order dated 09.04.2019, this Court does not find any infirmity in the said order passed by the trial Court. However, in view of the submission made by the learned counsel for the petitioner, this 2/4

Court directs the trial Court, namely, the District Munsif / Judicial Magistrate Court, Gummidipoondi to dispose of I.A. No.84 of 2021 in O.S. No.19 of 2021 within a period of three months from the date of the receipt of a copy of this order.

5.With the aforesaid direction, the Civil Revision Petition is disposed of. However, there shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

12.05.2021 Index: Yes/No Internet: Yes/No Speaking Order/Non-Speaking Order vsi2/ds To The District Munsif / Judicial Magistrate Court, Gummidipoondi.

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KRISHNAN RAMASAMY, J.

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