D.Kalaivani v. M.Selvaraj

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.06.2016

CORAM

THE HONOURABLE THIRU JUSTICE M. DURAISWAMY C.R.P.(PD)No.1790 of 2016 D.Kalaivani ... Petitioner v.

1.M.Selvaraj 2.M.Purushottaman ... Respondents Civil Revision Petition filed under Article 227 of the Constitution of India, to direct the Subordinate Court, Tambaram, to dispose of the pending application in I.A.No.301/2015 in O.S.No.291/2014, within a stipulated time.

For Petitioner : Mr.K.Thiruvengadam

O R D E R

The plaintiff in O.S.No. 291 of 2014 on the file of Subordinate Court, Tambaram has filed the above Civil Revision Petition to direct the Trial Court to dispose of the application in I.A.No.301 of 2015 in O.S.No. 291 of 2014, within a stipulated time.

2. The plaintiff filed the suit in O.S.No.291 of 2014 for partition, permanent injunction and mandatory injunction.

3. In the said suit, the plaintiff filed an application in I.A.No.301 of 2015 for interim injunction.

4. The learned counsel appearing for the revision petitioner submitted that the respondents-defendants filed their written statement and also adopted the same as counter in I.A.No.301 of 2015. The learned counsel further submitted that in view of the long pendency of the matter, the petitioner is put to hardship and prejudice.

5. Having regard to the submission made by the learned counsel appearing for the revision petitioner and also taking into consideration the limited prayer sought for in the Civil Revision Petition, without expressing any opinion with regard to the merits of the case, I direct the Subordinate Court, Tambaram to dispose of the application in I.A.No.301 of 2015 in

O.S.No. 291 of 2014 on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. With this observation, the Civil Revision Petition is disposed of. No costs.

23.06.2016 Index : Yes/No Rj To The Subordinate Court, Tambaram M. DURAISWAMY,J.,

Rj C.R.P.(PD)No.1790 of 2016 23.06.2016