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Madras High CourtCRP/2265/2019disposed of

S.Manickavasagam v. A.Balasubramaniam

2019-07-17Honourable Mr Justice M. Govindaraj4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:17.07.2019

CORAM:

THE HONOURABLE MR.JUSTICE M.GOVINDARAJ C.R.P.(PD) No.2265 OF 2019 S.Manickavasagam ... Petitioner Vs.

A.Balasubramaniam ... Respondent PRAYER: Civil Revision Petition filed under Article 227 of Constitution of India against the petition and order dated 17.06.2019 passed in I.A.No.1 of 2019 in O.S.No.161 of 2019 on the file of Principal District Judge, Salem.

For petitioner : Mr.R.Neelakandan ***

O R D E R

The plaintiff is the petitioner before this Court. The Trial Court by its order dated 16.04.2019 directed the petitioner to issue notice to the respondent / defendant and to furnish security for the suit claim. Specifically, on 17.06.2019, the respondent / defendant entered appearance and sought extension of time for filing counter and the matter was adjourned to 04.07.2019. Aggrieved over the same, the petitioner / plaintiff is before this Court.

2. According to the learned counsel for the petitioner, there is every chance for the respondent / defendant to alienate the suit property, since the respondent / defendant has not furnished security. The Trial Court, without waiting for the counter to be filed, adjourned the matter to 04.07.2019. On instructions, learned counsel for the petitioner further submits that the matter is again adjourned. Therefore, he seeks early disposal of the Interlocutory Application as otherwise, he will face great hardship.

3. Considering the submissions made, the Principal District Judge, Salem is directed to dispose of I.A.No.1 of 2019 in O.S.No.161 of 2019 within a period of one month from the date of receipt of a copy of this order and thereafter proceed with the suit in O.S.No.161 of 2019 on merits and in accordance with law.

4.The Civil Revision Petition is disposed of accordingly. No costs. Consequently, connected civil miscellaneous petition is closed. 17.07.2019 Index: Yes/No Speaking Order/Non Speaking order.

Bkn To The Principal District Judge, Salem.

M.GOVINDARAJ, J.

bkn C.R.P.(PD) No.2265 OF 2019 17.07.2019