Lieutenant Colonel Sandeep Dewan (Veteran) v. M/S.Ootacamund Club
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.08.2024 CORAM :
THE HON'BLE MR.JUSTICE V.LAKSHMINARAYANAN Civil Revision Petition (PD) No.2508 of 2024 Lieutenant Colonel Sandeep Dewan (Veteran) .. Petitioner
Versus
M/s Ootacamud Club Represented by its President Having Registered Office at No.179, Club Road, Ootacamund The Nilgiris.
.. Respondent Prayer : Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the order dated 15.06.2024 passed by the Hon'ble Fast Track Mahila Court, The Nilgiris District in I.A.No.12 of 2024 in I.A.No.7 of 2024 in O.S.No.65 of 2022.
For the Petitioner : Lieutenant Colonel Sandeep Dewan Party-in-Person For the Respondent : Mr.P.R.Ramakrishnan for Mr.Suhrith Parthasarathy
O R D E R
Heard Lieutenant Colonel Sandeep Dewan, Party-in-Person and Mr.P.R.Ramakrishnan for Mr.Suhrith Parthasarathy.
2. This Civil Revision Petition seeks to revise the order passed by the learned Sessions Judge Magalir Neethimandram (FTMC) in I.A.No.12 of 2024 and I.A.No.7 of 2024 in O.S.No.65 of 2022 dated 15.06.2024.
3. By filing I.A.No.12 of 2024, the Civil Revision Petitioner wanted to advance the hearing of the suit from 24.06.2024 to 12.04.2024. The said application came to be dismissed by the learned Sessions Judge, against which, the present revision.
4. It is not in dispute that the bunch of interlocutory applications which were filed in O.S.No.65 of 2024 have been disposed of on 08.07.2024 and 21.08.2024. Hence, the very revision has become infructuous.
5. Both sides bring to my notice that the Principal District Judge has transferred the suit to the file of the learned Sessions Judge, Magalir
Neethimandram, The Nilgiris District, pursuant to an order dated 28.03.2024. Unfortunately, Mr.P.Karunanidhi, who was the learned Judge presiding over the Court passed away in a road accident. Hence the matter is now being handled by the learned Family Judge at Udagamandalam, who is in-charge of the Magalir Neethimandram (FTMC).
6. Mr.P.R.Ramakrishnan, would bring my notice that an amendment application has been filed by the Civil Revision Petitioner and the matter is pending consideration in Court.
7. I was inclined to direct for disposal of the suit as had been done earlier by the Hon'ble Mr.Justice Teeka Raman, while dealing with Civil Miscellaneous Appeal, which came to be filed seeking an order of interim injunction. Since an application for amendment is pending and as the Presiding Officer for the Magalir Neethimandram (FTMC) is yet to be appointed, in exercise of powers conferred under Article 227 of the Code of Civil Procedure, the suit in O.S.No.65 of 2022 is withdrawn from the file of the Court of
Sessions Judge, Magalir Neethimandram (FTMC), Udhagamandalam, The Nilgiris, and transferred to the file of the Principal District Judge, The Nilgiris.
8. The suit is said to be listed on 06.09.2024 for considering the application for amendment. The learned Principal District Judge is requested to dispose of the application for amendment, after receipt of a counter from the respondent at the earliest and take up the suit itself for disposal.
9. With the above direction this Civil Revision Petition stands dismissed. In so far as the grievance of the party-in-person that certain observations have been made against him in the order, I am sure the learned Principal District Judge or any other Judge or any other successor who is dealing with the matter would obviously not take note of the same at the time of disposal.
10. Further, the learned Judge is also requested to call for the suit in O.S.No.68 of 2022 said to be pending before the District Munsif Court, The
Nilgiris and club it along with this suit in O.S.No.65 of 2022 and proceed with both the suits together and render a common Judgment. No costs. 29.08.2024 Index : Yes / No Internet:Yes / No Speaking order / Non-speaking order Jer To 1.The Sessions Judge, Magalir Neethimandram (FTMC) Udhagamandalam, The Nilgiris.
2.The Principal District Judge, The Nilgiris. 3.The District Munsif, The Nilgiris.
V.LAKSHMINARAYANAN, J., Jer Civil Revision Petition (PD) No.2508 of 2024 29.08.2024