Madras High CourtCRP/3510/2019disposed of

Minor H.Anjana v. Suresh

2019-12-13Honourable Mr Justice V. Bharathidasan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.12.2019

CORAM

THE HONOURABLE MR. JUSTICE V.BHARATHIDASAN and C.M.P.s 23036 & 25457 of 2019

1. Minor H.Anjana

2. Minor H.Kausalya represented by their mother and guardian Mrs.H.Sujatha ... Petitioners

Versus

1. T.Suresh

2. Rajkumar

3. Palanivelu ... Respondents PRAYER :Civil Revision Petition is filed under Art. 227 of Constitution of India, praying to pass an order to direct the III Addl. District Munsif of Salem to dispose of I.A. 2 of 2019 in O.S.No.477 of 2019 in accordance with law on or before 15.11.2019.

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For Petitioners : Mr.N.R.Chandran, Senior Counsel for Mr.P.Suresh Babu For Respondents : Mr.V.Sekar

O R D E R

This Civil Revision Petition has been filed against the order issuing notice to the respondents in an Interlocutary Application filed by petitioners/plaintiffs seeking for interim temporary injunction.

2. Earlier, when the matter was taken up for hearing, this Court by an order dated 25.10.2019 granted an order of injunction till 29.11.2019 on the ground that, pending Civil Revision Petition, the respondents are taking steps to demolish the property, and also directed the Trial Court to dispose the I.A. on or before 29.11.2019. Thereafter, the matter is listed today.

3. Today, when the matter taken up for hearing, the learned counsel appearing for petitioners submitted that, before filing Civil Revision Petition, the respondents have started to demolish the building. After the receipt of the copy of interim order granted by this court, they have stopped the demolition of building.

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4. Now, Mr.V.Sekar, learned counsel appearing for respondents, on instructions, submitted that, till the disposal of I.A., the respondents will not take steps to demolish the building, and that undertaking was recorded.

5. Considering the fact that, already, there is an order to dispose the application in I.A. 2 of 2019 in O.S. 477 of 1999, on or before 29.11.2019, the court below is directed to dispose the I.A. 2 of 2019 in O.S. 477 of 1999 on merits in accordance with law, and in pursuant to the observation given by this Court within a period of two weeks from the date of receipt of copy of this order. Accordingly, this Civil Revision Petition stands disposed of with the above direction. No costs. Consequently, the connected Civil Miscellaneous Petitions in C.M.P.s 23036 & 25456 are closed.

13.12.2019 Index : Yes/No Internet: Yes/No Speaking/Non Speaking order rpp To III Addl. District Judge, Salem.

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V.BHARATHIDASAN,J.

rpp and C.M.P.s 23036 & 25457 of 2019 13.12.2019 4/4