Ganesan v. Thangaraj

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.11.2023

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI CRP No. 4433 of 2023 Ganesan

...Petitioner

Vs.

Thangaraj ....Respondent PRAYER : This petition filed under Article 227 of the Constitution of India, to expedite the disposal of the interim injunction application in I.A No. 02 of 2023 in O.S No. 23 of 2023 on the file of the learned District Munsif Court at Ambattur, Thiruvallur District within the stipulated time prescribed by this Court.

For Petitioner : Mr.K.K.Senthilvelan, Senior counsel.

ORDER

This petition has been filed to expedite the disposal of the interim injunction application in I.A No. 02 of 2023 in O.S No. 23 of 2023 on the file of the learned District Munsif Court at Ambattur, Thiruvallur District within the stipulated time prescribed by this Court.

2. The learned counsel for the petitioner submits that the defendant/respondent herein is the brother of the petitioner who caused interference in the enjoyment of the property. Hence, the petitioner filed the suit in O.S No. 23 of 2023 fort the permanent injunction, restraining from the defendant, his men, harassing or disturbing the plaintiff Glass and Plywood business doing the same in the name and style of Sri Ganesh Glass and Plywood having shop at 2/1, Kambar Street, Mugappair West, Chennai 600 058 in any manner expect by due process of law. Accordingly, on 21.01.2023, the petitioner filed I.A No. 2 of 2023 in O.S No. 23 of 2023, for interim injunction, the said application was adjourned for last ten months. In the meanwhile, the respondent caused interference to the petitioner. Hence, he prays to allow this petition.

3. Considering the fact of the case, after filing the suit the respondent caused interference to the petitioner and also attempting to break open the petitioner's shop and also damaged CCTC Camera fixed in the shop, the petitioner filed the photo copies to that effect. Further, the petitioner lodged a complaint before the Nolambur Police Station and FIR also registered against the respondent and others. Hence, the District Munsif Court, Ambattur, Thiruvallur District, is directed to dispose of the I.A No. 2 of

2023 in O.S No. 23 of 2023 within a period of six weeks from the date of receipt of a copy of this order, till then, the respondent is directed not to cause any interference to the petitioner.

4. In result, this Civil Revision Petition is allowed. No cost. 24.11.2023 pbl

T.V.THAMILSELVI,J.

Pbl To

1. The District Munsif Court, Ambattur, Thiruvallur District, CRP No. 4433 of 2023 24.11.2023