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Madras High CourtCRP/2942/2023disposed of

Susikala v. R Anandan

2023-10-16Honourable Mrs Justice T.V.Thamilselvi4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :16.10.2023 CORAM :

THE HONOURABLE MRS. JUSTICE T.V. THAMILSELVI and CMP.No.18178 of 2023 --- Susikala ... Petitioner

Versus

1. R.Anandan

2. A.Kumar

...Respondents

Civil Revision Petition filed Under Article 227 of Constitution of India, praying to direct the learned Additional District Judge, Thiruvannamalai to dispose of I.A.No.1 of 2022 in O.S.No.152 of 2021 within the stipulated period fixed by this Hon'ble Court. For Petitioner : Mr.G.Sumitra 1/4

O R D E R

This petition has been filed to direct the learned Additional District Judge, Thiruvannamalai to dispose of I.A.No.1 of 2022 in O.S.No.152 of 2021.

2. The revision petitioner is the plaintiff has filed the suit in O.S.No.152 of 2021 for the relief of declaring the right and title of the plaintiff over the suit property and consequently granting a permanent injunction against the defendants from disturbing the plaintiff's peaceful possession of the suit property, in Survey No.155/3, to an extent of 1800 sq.ft. of vacant site to be put up construction. She filed an I.A.No.1 of 2022 in O.S.No.152 of 2021, praying for temporary injunction, till date the application has not been disposed of by the learned trial Judge.

3. On a perusal of the docket order, it is seen that for various reasons the case has been adjourned for more than 30 times. Both sides counsels submitted their arguments. But the learned trial Judge adjourned the matter finally due to the pendency of the CRP.No.89651 of 2023. The said CRP is 2/4

at the stage of SR. In spite of the application filed by the respondent the suit has been pending. In the mean time the defendants put up construction in the suit property.

4.

Hence, the learned Additional District Judge, Thiruvannamalai is directed to dispose of I.A.1 of 2022 in O.S.No.152 of 2021 within a period of two weeks from the date of receipt of a copy of this order on merits. During the pendency of the suit proceedings the defendants are not to put up any construction in the suit property, failing which it will be viewed seriously.

5.

In view of the above, this Civil Revision petition is disposed of. Consequently, connected miscellaneous petition is closed. No costs. 16.10.2023 Index : Yes/No Speaking/Non Speaking order rri 3/4

T.V.THAMILSELVI, J.

rri To 1.The learned Additional District Judge, Thiruvannamalai. 2.The Section Officer, VR-Section, High Court of Madras.

and CMP.No.18178 of 2023 16.10.2023 4/4