Sham Ahuja v. H.A.Arunmozhi Fathima

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.12.2020

CORAM:

THE HONOURABLE MR.JUSTICE RMT.TEEKA RAMAN 1.Sham Ahuja

2. Aarthy S.Ahuja ... Petitioners Vs 1.H.A.Arunmozhi Fathima 2.Inspector of Police, K4 Police Station, Anna Nagar East, Chennai - 600 102.

...Respondents

Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, to fix an early date to dispose the I.A.No.4 of 2020 in O.S.No.9118 of 2019 pending on the file of the learned XI Assistant Judge, City Civil Court at Chennai, within the time frame to be fixed by this Court.

For Petitioners : Ms.S.P.Arthi

ORDER

The plaintiffs in the suit are the petitioners herein filed an application to dispose of I.A.No.4 of 2020. The petitioners/plaintiffs in O.S.No.9118 of 2019 filed for permanent injunction restraining the defendant from use of common terrace.

2.Heard the learned counsel for the petitioner. 3.Pending suit, she had the benefit of the injunction order. Injunction order was made absolute. However, injunction order said to have been obeyed by the defendant and hence they moved an application before the criminal jurisdiction of this Court whereby they were directed to move the concerned Court for proper appreciation of the facts and circumstances of the case. Thereafter, they filed an I.A.No.4 of 2020 for police protection.

4.Now considering the narrow scope of the prayer, without prejudice to the rights of both the parties, the learned XI Assistant Judge, City Civil Court at Chennai is hereby directed to dispose of I.A.No.4 of 2020 within a period of six weeks from the date of receipt of a copy of this order.

5.With the above direction, this revision petition is disposed of. No costs. 11.12.2020 Index: Yes/ No Internet: Yes/No Speaking Order/Non-speaking Order pam To The XI Assistant Judge, City Civil Court at Chennai

RMT. TEEKA RAMAN, J.

Pam 11.12.2020