Madras High CourtCRP/576/2016disposed of

H.Ananthakrishnan v. T.Selvakumar

2018-02-07Honourable Mr Justice D. Krishnakumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Date: 07.02.2018

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR C.R.P.(PD) No.576 of 2016 and C.M.P.No.5058 of 2016 H.Ananthakrishnan . .. Petitioner/Defendant Vs.

T.Selvakumar ... Respondent/Plaintiff This Civil Revision Petition is filed under section 227 of Constitution of India against the order of the Sub Judge, Poonamallee, dated 10.12.2014 made in C.M.A.No.2 of 2013 preferred against the order, dated 21.3.2012 passed in I.A.No.1612 of 2011 in O.S.No.480 of 2011 on the file of the District Munsif, Ambattur.

For Petitioner : Mr.M.Stalin For Respondent : No appearance *****

O R D E R

According to the petitioner, the respondent has filed a suit in O.S.No.480 of 2011 against the petitioner before the learned District Munsif,

Ambattur for permanent injunction. In the aforesaid suit, the petitioner has filed an application in I.A.No.1612 of 2011 under Order XXXIX Rule 1 and 2 C.P.C. for interim injunction. The trial court granted interim injunction as prayed for. Challenging the said order, the petitioner has preferred an appeal in C.M.A.No.2 of 2013 before the Sub Court, Poonamallee and the same was dismissed by confirming the order of the court below. Challenging the said order, the present Civil revision petition has been filed before this Court. 2 At the time of admission, notice has been ordered to the respondent and the counsel for the respondent has also entered appearance before this court. Therefore, it is clear that the respondent has obtained interim injunction before the trial court and the same was confirmed by the first appellate court. Pending the appeal, the petitioner herein has not obtained any interim order before the first appellate court. Hence, the order of the court below is confirmed.

3 In view of the facts and circumstances of the case, the suit is of the year 2011, this Court is inclined to direct the learned District Munsif, Ambattur to dispose of the suit in O.S.No.480 of 2011 on or before 30.4.2018.

4 The Civil revision petition is disposed of with the above directions. No costs. Connected miscellaneous petition is closed. 07.2.2018 Speaking/Non Speaking order Index: Yes/No vaan Note: Issue order copy on 14.2.2018 To The Additional Sub Judge, Myiladuthurai

D.KRISHNAKUMAR,J.

vaan C.R.P.(PD) No.576 of 2016 and C.M.P.No.5058 of 2016 Dated: 7.2.2018