Madras High CourtCRP/1885/2008dismissed

K.Muthulakshmi v. A.Senthur Murugan

2017-10-20Honourable Ms.Justice V.M.Velumani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.10.2017

CORAM

THE HONOURABLE MS.JUSTICE V.M.VELUMANI C.R.P. PD No.1885 of 2008 & M.P.No.1 of 2008 K.Muthulakshmi ... Petitioner Vs 1.A.Senthur Murugan 2.D.Arumuga Nadar ... Respondents Civil Revision Petition is filed under Article 227 of the Constitution of India against the order and decree dated 11.04.2008 made in I.A.No.6436 of 2008 in O.S.No.2660 of 2008 on the file of the Court of the VIII Assistant Judge, City Civil Court, Chennai. For Petitioner : Mr.S.Raghu For Respondents : Not ready in notice for R1 & R2

O R D E R

This Civil Revision Petition is filed against the order and decree dated 11.04.2008 made in I.A.No.6436 of 2008 in O.S.No.2660 of 2008 on the file of the Court of the VIII Assistant Judge, City Civil Court, Chennai.

2. The petitioner is the defendant, first respondent is the plaintiff and the second respondent is the second defendant in the suit in O.S.No.2660 of 2008 on the file of VIII Assistant Judge, City Civil Court, Chennai. The first respondent filed the suit for declaration of the decree dated 17.07.2003 passed in A.S.No.134 of 2001 obtained by the petitioner against the second respondent is not binding on him. Pending suit, the first respondent filed I.A.No.6436 of 2008 for interim injunction restraining the petitioner and any other person claiming through her from interfering with his peaceful possession occupation and enjoyment of the suit property. The learned Judge, by order dated 11.04.2008 granted exparte ad-interim injunction till 24.04.2008 and directed the first respondent to comply with Order XXXIX Rule 3 CPC.

3. Against the said order dated 11.04.2008 made in I.A.No.6436 of 2008 in O.S.No.2660 of 2008, the present Civil Revision Petition is filed.

4. The suit is of the year 2008 and the Civil Revision Petition is of the year 2008. Till date, the petitioner has not taken any steps to serve the respondents 1 & 2 and not filed batta to serve the respondents.

5. In view of the above facts, this Civil Revision Petition is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed. The learned Judge is directed to dispose of the suit as expeditiously as possible, in any event, not later than two (2) months from the date of receipt of a copy of this order. 20.10.2017 Index : Yes/No rgr To The VIII Assistant Judge, City Civil Court, Chennai.

V.M.VELUMANI, J.

rgr C.R.P. PD No.1885 of 2008 20.10.2017