Madras High CourtCMA/3238/2013disposed of

Balasanjivi v. S.Manian

2018-02-19Honourable Mr Justice M. Govindaraj2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.02.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.GOVINDARAJ C.M.A.NO.3238 OF 2013 AND M.P.NOS.1 AND 2 OF 2013 1.Balasanjivi 2.Banumathi 3.Jayashree 4.Suganyadevi ... Appellants/Defendants Vs.

1.S.Manian 2.M.Senthilkumar 3.Nagajothi 4.R.Krishnamoorthy 5.K.Suseela ... Respondents/Plaintiffs PRAYER: Civil Miscellaneous Appeal filed under Order XLIII Rule 1 of Civil Procedure Code against the fair and final order dated 27.09.2013 made in I.A.No.708 of 2013 in O.S.No.192 of 2013 on the file of Principal District Judge, Tiruppur. For Appellants :

Mr.N.Anand Venkatesh For Respondents :

Mr.M.Mohideen Pitchai

J U D G M E N T

This Civil Miscellaneous Appeal is filed against the order passed by the Trial Court in I.A.No.708 of 2013 in O.S.No.192 of 2013.

2. The Trial Court by its order dated 27.09.2013 granted an order of injunction against the defendants. On appeal by the defendants 1 to 4, this Court has granted an order of status quo on 22.10.2013 and the same continues till date.

3. When the matter is taken up for hearing today, learned counsel appearing on either side would submit that they will be satisfied if a direction is given to the Trial Court for early disposal of the suit.

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4. Considering the submissions made on either side and in view of the long pendency of the suit, without going into the merits of the case, a direction is issued to the learned First Additional District Judge, Tiruppur, to whom the case is transferred, to dispose of the suit in O.S.No.192 of 2013, on merits and in accordance with law, within a period of three months from the date of receipt of a copy of this order. Statusquo already granted by this Court shall continue till the disposal of the suit.

5. The Civil Miscellaneous Appeal is disposed of in the above terms. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS-iii) //True Copy// Sub Assistant Registrar TK To 1.The Principal District Judge Tiruppur.

2.The First Additional District Judge Tiruppur.

3. The Section Officer, V.R. Section, High Court, Madras.(2 copies) +1cc to Mr.M.MOHIDEEN PITCHAI, Advocate, S.R.No.12464 +1cc to Mr.C.USHA, Advocate, S.R.No.12834 C.M.A.NO.3238 OF 2013 EV(CO) TR(16/04/2018) https://hcservices.ecourts.gov.in/hcservices/