← Library
Madras High CourtCRP/2245/2021disposed of

L. Prabhakaran v. K. Sundaran

2021-10-29Honourable Mr Justice G. Chandrasekharan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.10.2021

CORAM

THE HON'BLE Mr. JUSTICE G.CHANDRASEKHARAN C.R.P.(P.D)Nos.2245 & 2249 of 2021 L.Prabhakaran

...Petitioner in both C.R.P.'s

Vs.

K.Sundaran

...Respondent in both C.R.P.'s

Common Prayer :- Civil Revision Petitions are filed under Article 227 of the Constitution of India, to direct the learned District Court at Chengalpattu to dispose of pending application in I.A.Nos.4 & 5 of 2020 in O.S.No.208 of 2020 within a stipulated period of time to be fixed by this Hon'ble Court.

For Petitioner : Mr.K.Manikandan COMMON ORDER C.R.P.No.2245 of 2021 and C.R.P.No.2249 of 2021 have been filed seeking direction to the learned Additional District Judge, Chengalpattu to dispose I.A.No.4 of 2020 and I.A.No.5 of 2020 respectively, in O.S.No.208 of 2020 within a time period to be fixed by this Court.

1/5

2.The learned counsel for the petitioner submitted that petitioner filed a suit in O.S.No.208 of 2020 for recovery of Rs.71,86,664 with interest and a sum of Rs.10,00,000/- as liquidated damages and for permanent injunction against the first respondent. He also filed I.A.No.4 of 2020 under Order XXXIX Rule 1 C.P.C., to direct first respondent not to alienate or encumber the suit property till pending of the suit. I.A.No.5 of 2020 was filed under Order XXXVIII Rule 5 C.P.C., for attaching the petition mentioned property before judgment. Both the applications are pending without disposal. If these applications are not disposed immediately, there is a possibility of the first respondent alienating or encumbering the property.

Considering the nature of the suit and the limited prayer, this Court directs the learned Additional District Judge, Chengalpattu, to dispose I.A.No.4 of 2020 and I.A.No.5 of 2020, as expeditiously as possible, preferably within a period of one month from the date of receipt of a copy of this order. 3.Accordingly, this Civil Revision Petition is disposed of. No costs.

2/5

ep 29.10.2021 Index:Yes/No Internet:Yes/No Speaking Order: Yes/No To

1. The Additional Judge, District Court, Chengalpattu.

3/5

2. The Section Officer, VR Section, High Court of Madras.

4/5

G.CHANDRASEKHARAN.J, ep C.R.P.(P.D)Nos.2245 & 2249 of 2021 29.10.2021 5/5