C.Baskaran v. T.J.Chinnappa Reddy

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.01.2018

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI C.R.P.(PD)No.1120 of 2013 and C.M.P.Nos.8379 to 8381 of 2017 C.Baskaran .. Petitioner Vs.

1.T.J.Chinnappa Reddy 2.T.C.Anandan 3.T.C.Ramesh 4.T.C.Thirumal 5.Geetha .. Respondents PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India to set aside the judgment and decree dated 09.11.2012 passed in C.M.A.No.8 of 2011 on the file of the I Additional District and Sessions Judge at Vellore, confirming the fair and decretal order dated 20.06.2011, made in I.A.No.379 of 2010 in O.S.No.133 of 2010 on the file of the Subordinate Judge, Vellore. For Petitioner : Mr.S.William For R1 : Died

O R D E R

This civil revision petition has been filed to set aside the judgment and decree dated 09.11.2012 passed in C.M.A.No.8 of 2011 on the file of the I Additional District and Sessions Judge at

Vellore, confirming the fair and decretal order dated 20.06.2011, made in I.A.No.379 of 2010 in O.S.No.133 of 2010 on the file of the Subordinate Judge, Vellore.

2.Heard the learned counsel for the petitioner and perused the materials available on record.

3.The petitioner is plaintiff and respondents are the defendants in O.S.No.133 of 2010 on the file of the Subordinate Court, Vellore. The petitioner filed the said suit for declaration and injunction restraining the respondents from interfering with his peaceful possession and enjoyment of the "B" Schedule property. Along with the suit, the petitioner filed I.A.No.379 of 2010 for an interim injunction. Initially, interim injunction was granted. After contest, the application filed by the petitioner for interim injunction was dismissed. Against the said order of dismissal dated 20.06.2011, the petitioner filed C.M.A.No.8 of 2011. The learned Judge after considering the order made in I.A.No.379 of 2010, dismissed the C.M.A.

4.Against the said judgment dated 09.11.2012 passed in C.M.A.No.8 of 2011, the present Civil Revision Petition is filed by the

petitioner.

5.Considering the above facts and the fact that the suit is of the year 2010, the learned Judge is directed to dispose of the suit as expeditiously as possible, in any event not later than six (6) months from the date of receipt of a copy of this order without being influenced by the judgment passed in C.M.A.No.8 of 2011.

6. With the above direction, this Civil Revision Petition is disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed.

25.01.2018 Index :: Yes/No gsa/klt To 1.The Judge, I Additional District and Sessions Court, Vellore.

2.The Subordinate Judge, Vellore.

V.M.VELUMANI, J.

klt C.R.P.(PD)No.1120 of 2013 and C.M.P.Nos.8379 to 8381 of 2017 25.01.2018