K.S.Yaswant Kumar v. S Harikumaran

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :19.09.2023 CORAM :

THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN C.R.P. No. 3363 of 2023 K.S. Yaswant Kumar

...Petitioner

.Vs.

1. S. Harikumaran

2. E. Manikkam

3. M. Ugamathi

4. N. Balasubramaniam

5. T. Clament

6. M. Felix Jayakumar

7. D. Thangaraj

8. S.L. Jeevananthan

9. L. Valarmathi

10. D. Premkumar 1/5

11. The Sub Registrar, Sub Registrar Office, Erode Main Road, Aval Poondurai ( Post), Modankurichi Taluk, Erode District.

...Respondent

Prayer: This Civil Revision Petition is filed under Article 227 of the Constitution of India praying to direct speedy disposal of the I.A.No.2 of 2020 in O.S.No.379 of 2020 on the file of the first Additional District Judge at Erode by allowing the Civil Revision Petition and pass orders. For Petitioner : Mr.E. Shanmugasundaram

ORDER

This petition is filed seeking a direction to dispose I.A.No.2 of 2020 in O.S.No.379 of 2020 on the file of the first Additional District Judge at Erode at the earliest.

2. The case of the petitioner is that there was some property dispute between the petitioner and the respondents, due to which the petitioner herein has filed O.S.No.379 of 2020 and when the same is 2/5

pending the petitioner filed I.A.No.2 of 2020 in O.S.No.379 of 2020 seeking a direction restraining the respondents their men and agents by means of temporary injunction not to interfere with the peaceful possession and enjoyment of the suit property and the same is pending. Hence, the petitioner has come forward with this petition seeking a direction to dispose I.A.No.2 of 2020 in O.S.No.379 of 2020 on the file of the first Additional District Judge at Erode at the earliest.

3. The learned counsel for the petitioner submitted that inspite of the fact that the suit and the I.A is pending, the respondent is making efforts to sell out the subject property to some other third party. He further submits that the act of the respondents causes much inconvenience to the petitioner herein. . Hence, he prays to allow this petition.

4. In view of the above, the learned first Additional District Judge at Erode is directed to dispose of the I.A.No.2 of 2020 in O.S.No.379 of 2020 as expeditiously as possible after affording an opportunity of hearing to all the parties concerned.

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5. With the above directions, this Civil Revision Petition is disposed of. No order as to costs.

19.09.2023 smn Index : Yes/No Internet: Yes/No To.

1. The first Additional District Judge at Erode 4/5

V.BHAVANI SUBBAROYAN,J.

Smn C.R.P. No. 3363 of 2023 19.09.2023 5/5