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Madras High CourtCRP/1077/2017dismissed

A.Jagannathan v. V.Krishnaveni

2022-06-22Honourable Mrs Justice J. Nisha Banu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :22.06.2022

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU and C.M.P.No.5169 of 2017 A.Jagannathan S/o Arumuga Naicker ... Petitioner Vs.

V.Krishnaveni W/o Vajiravelu Naicker ... Respondent PRAYER: Civil Revision Petition has been filed under Article 227 of the Constitution of India, against the fair and decreetal order dated 28.08.2015 made in I.A.No.111 of 2015 in O.S.No.141 of 2011 on the file of the Principal District Munsif, Kanchipuram.

For Petitioner :

Mr.J.Ramakrishnan For Respondent :

Mr.T.Meganathan 1/4

ORDER

This Civil Revision Petition has been filed against the fair and decreetal order dated 28.08.2015 made in I.A.No.111 of 2015 in O.S.No.141 of 2011 on the file of the Principal District Munsif, Kanchipuram. 2.A suit in O.S.No.141 of 2011 on the file of the learned Principal District Munsif, Kanchipuram, has been filed by the respondent/plaintiff for permanent injunction. Pending suit, the petitioner/defendant encroached upon a part of the suit property and made construction. Therefore, the respondent/plaintiff constrained to file an application in I.A.No.111 of 2015 to amend the plaint under Order 6 Rule 17 of CPC.

3.The Court below, after perusing the oral and documentary evidence allowed the Interlocutory Application on 28.08.2015, to amend the plaint. 4.Aggrieved by the order of the learned Principal District Munsif, Kanchipuram, in I.A.No.111 of 2015 dated 28.08.2015, the revision petitioner/defendant is before this Court, with this petition. 5.Now, the learned counsel for the petitioner as well as the learned counsel for the respondent would submit that it would suffice, if a direction is issued to the 2/4

Court below to dispose of the suit within a time frame. 6.Though the petitioner has come forward with the larger prayer, considering the submissions made by the learned counsel on either side, this Court directs the learned Principal District Munsif, Kanchipuram, to dispose of the suit in O.S.No.141 of 2011 within a period of six months from the date of receipt of a copy of this order.

With the above direction, this Civil Revision Petition stands disposed of. No costs. Consequently connected miscellaneous petition is closed. 22.06.2022 Index : Yes/No Internet : Yes/No Speaking order/Non-speaking order Jer To The Principal District Munsif, Kanchipuram.

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J.NISHA BANU,J.

Jer and C.M.P.No.5169 of 2017 22.06.2022 4/4