Madras High CourtCRP/983/2018disposed of

S.Boobalan v. A.Natanasigamani

2018-03-22Honourable Mr Justice D. Krishnakumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.03.2018

CORAM:

THE HONOURABLE MR. JUSTICE D. KRISHNAKUMAR CRP(PD).No.983 of 2018 S.Boobalan .. Petitioner Vs.

1.A.Natanasigamani 2.D.Kaliya Perumal 3.The Executive Officer, Sri Pasupatheeswarar Swamy Devasthanam, Therkkupattam Village & Post, Valangaiman Taluk, Thiruvarur District.

... Respondents PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India for issuance of suitable directions for early disposal of O.S.No.1 of 2017 on the file of the District Munsif cum Judicial Magistrate, Valangaiman.

For Petitioner : Mr.A.Muthukumar * * * * *

O R D E R

The Civil Revision Petition is taken up for final disposal at the

admission stage itself.

2.According to the revision petitioner, there is no Interlocutory Application is pending before the Court below. Hence, the civil revision petition is filed for the speedy disposal of the suit. 3.According to the petitioner that the first respondent has filed a suit in O.S.No.1 of 2017. The first respondent claimed to have taken possession of the suit property from the second respondent, who suffered a decree for possession in O.S.No.70 of 1889 has filed the above suit for permanent injunction and mandatory injunction directing the revision petitioner to remove the iron fence. The first respondent is deliberately protracting the suit after obtained an exparte order of interim injunction on 28.02.2017. The present suit itself is not maintainable, besides it is an abuse process of Court.

Therefore, this Court may pass an appropriate orders to direct the Court below for early disposal of the suit within a stipulated time. 4.Considering the above said submissions made by the learned counsel for the revision petitioner and without expressing any opinion on merits, this Court is inclined to direct the District Munsif cum Judicial Magistrate, Valangaiman to dispose of the suit in O.S.No.

2017 as expeditiously as possible.

5.The Civil Revision Petition is disposed of with the above direction. No costs.

22.03.2018 Speaking/Non-Speaking order Index :Yes/No Internet:Yes/No ah To 1.The District Munsif cum Judicial Magistrate, Valangaiman.

2.The Executive Officer, Sri Pasupatheeswarar Swamy Devasthanam, Therkkupattam Village & Post, Valangaiman Taluk, Thiruvarur District.

D. KRISHNAKUMAR J., ah CRP(PD).No.983 of 2018 22.03.2018