← Library
Madras High CourtCRP/2565/2022disposed of

Dhanabakkiyam v. P.Ramamoorthy

2022-08-12Honourable Ms Justice R.N.Manjula4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 12.08.2022

CORAM:

THE HONOURABLE Ms. JUSTICE R.N.MANJULA C.R.P. (PD) No.2565 of 2022 Dhanabakkiyam ... Petitioner Vs.

1. P.Ramamoorthy

2. H.Chandran ... Respondents Civil Revision Petition is filed under Article 227 of Constitution of India, to direct the District Munsif, Coonoor, Nilgiris to dispose of I.A.No.2 of 2021 in O.S. No.61 of 2021 within a time as stipulated this Court. For Petitioner : Mr. Sai Suraj for K.S.Jeyaganeshan

O R D E R

1/4

This Civil Revision Petition has been preferred seeking for a direction of speedy disposal of Interlocutory Application in I.A. No.2 of 2021 in O.S. No.61 of 2021 on the file of District Munsif, Coonoor, Nilgiris.

2. The revision petitioner is the plaintiff in the suit in O.S. No.61 of 2021 filed against the respondents / defendants seeking for the relief of permanent injunction.

3. At the time of filing the suit itself, the application for temporary injunction has also been filed in I.A. No.2 of 2021. The grievance of the revision petitioner is that the Interlocutory Application is pending from the year 2021 and is still posted for the appearance of respondents.

4. It is understandable that physical hearing in the Court was suspended for a considerable time due to Covid Pandamic. It is seen from the adjudication status that after the physical hearing is restored, the Court ordered for appearance of the respondents. Moreover, the temporary injunction sought in the Interlocutory Application is similar to the prayer sought in the suit. In the interest of justice, it is advisable for the parties to 2/4

conduct the suit itself and get it decided on merits since the point which needs to be decided in the Interlocutory Application is similar to that of the suit.

5. Taking into consideration of the pendency of both the Interlocutory Application and suit, the learned District Munsif, Coonoor, Nilgiris, is directed to dispose of both the Interlocutory Application in I.A. No.2 of 2021 and the suit in O.S. No.61 of 2021, as expeditiously as possible.

6. With the above direction, this Civil Revision Petition is disposed of. No costs.

12.08.2022 Speaking order / Non-speaking order Index: Yes / No Internet : Yes bkn To The District Munsif, Coonoor, Nilgiris.

R.N.MANJULA, J., bkn 3/4

C.R.P. (PD) No.2565 of 2022 12.08.2022 4/4