P.Pari v. P.Senthilnathan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 11.09.2015 Coram The Honourable Mr.Justice K.K.SASIDHARAN C.R.P.PD.No.1991 of 2012 and M.P.Nos.1 and 2 of 2012 P.Pari .. Petitioner vs.

1.P.Senthilnathan 2.R.Venkatesh .. Respondents Civil Revision Petitions filed under Article 227 of the Constitution of India, against the fair and decreetal order of the Additional District Munsif Court, Namakkal, dated 22.02.2012 in I.A.No.1198 of 2011 in O.S.No.532 of 2011.

For Petitioner : Mr.P.Valliappan For Respondents : Mr.K.Doraisami,Sr.counsel for M/s.Muthumani Doraisami

ORDER

This civil revision petition is directed against the order dated 22.2.2012 in I.A.No.1198 of 2011, whereby and where under the Additional District Munsif, directed the parties to maintain status-

quo, notwithstanding the prayer made by the petitioner for grant of ad-interim injunction restraining the respondents from interfering with his possession and enjoyment of property, including the right to put up construction of compound wall in the suit schedule property. 2.Heard the learned counsel for the revision petitioner and the learned Senior counsel on behalf of respondents. 3.The petitioner filed the suit for injunction in O.S.No.532 of 2011, before the Additional District Munsif, Namakkal. He has also filed an application in I.A.No.1198 of 2011 seeking ad-interim injunction. The Court below, instead of granting ad interim injunction as prayed for, directed the parties to maintain status-quo. It is the said order what is challenged in this civil revision petition.

4. The prayer in the suit and the interlocutory application are more or less the same. It was only under such circumstances, the Court below, instead of granting injunction, directed the parties to maintain status-quo. I do not find any error or illegality in the said order, warranting interference by this Court in exercise of revisional jurisdiction under Article 227 of the Constitution of India.

5. The respondents have already filed written statement. The suit is of the year 2011. The learned Additional District Munsif is directed to dispose of the suit as expeditiously as possible.

6. The civil revision petition is dismissed with the above observation. Since the respondents have not challenged the order of status-quo granted by the Court below, the said order would be in operation till the disposal of the suit. No costs. Connected miscellaneous petitions are closed.

11.9.2015 msk To The Additional District Munsif, Namakkal.

K.K.SASIDHARAN,J.

msk C.R.P.PD.No.1991 of 2012 11.09.2015