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Madras High CourtCRP/1389/2016disposed of

Lakshmi v. Thayumanavan

2017-06-19Honourable Mr Justice K.K. Sasidharan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.06.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN C.R.P.(P.D.) No.1389 of 2016 1.Lakshmi 2.Govindane 3.Karunakarane 4.Jamouna 5.Aroumougame 6.Kejendiran : Petitioners versus 1.Thayumanavan 2.Thamizkathathalaivan 3.Thamiznithi 4.Thavaputhalvan : Respondents PRAYER: Revision filed to direct the I Additional District Munsif, Puducherry to dispose of I.A.No.801 of 2015 in O.S.No.1414 of 2011, within a time frame.

For petitioners :: Ms.G.Priya Vadhana For respondents :: Mr.T.N.Naveen

O R D E R

The petitioners filed a suit in O.S.No.1414 of 2011 for a decree of declaration of title and permanent injunction, in respect of the suit property. The petitioners also filed an application in I.A.No.801 of 2015, before the learned I Additional District Munsif, Pondicherry, for interlocutory injunction. The Trial Court refused to pass interim order and the application was kept pending. The petitioners therefore filed this civil revision petition with a grievance that in case the application is kept pending, there is a possibility of making construction by the respondents and completing the same, thereby making the very suit infructuous.

2. I have heard the learned counsel for the petitioners. I have also heard the learned counsel for the respondents.

3. The suit filed by the petitioners in O.S.No.1414 of 2011 is now pending on the file of the I Additional District Munsif, Puducherry. The Trial Court was not inclined to grant interim injunction in favour of the petitioners and that was the reason for filing this civil revision petition.

4. The learned I Additional District Munsif, Puducherry, is directed to dispose of the civil suit in O.S.No.1414 of 2011 on merits and as per law, within a period of six months from the date of receipt of a copy of this order.

5. This Court granted interim injunction by order dated 29 April 2016. The status quo of the property as on today shall be maintained till the disposal of the civil suit in O.S.No.1414 of 2011.

6. The civil revision petition is disposed of with the above direction. No costs. Consequently, C.M.P.No.7719 of 2016 is closed. 19.06.2017 Index:Yes/no tar To The I Additional District Munsif, Puducherry

K.K.SASIDHARAN, J.

(tar) C.R.P.(P.D.) No.1389 of 2016 19.06.2017 http://www.judis.nic.in