Madras High CourtCRP/3907/2019disposed of

Eswaran Annamalai v. The Presidency Club

2020-03-06Honourable Mr Justice D. Krishnakumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 06.03.2020 Coram THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR CRP No.3907 of 2019 and CMP No.25761 and 25762 of 2019 CRP No.3910 of 2019 and CMP No.25765 and 25767 of 2019 Eswaran Annamalai ... Petitioner in both Petitions Vs.

1. The Presidency Club, Rep. by its Hony Secretary Mr.Tarun Kumar Bagga, No.51, Ethiraj Salai, Egmore, Chennai 600 008.

2. Tarun Kumar Bagga ... Respondents in both Petitions Crp.No.3907/19 Prayer: This Civil Revision Petition has been filed under Section 227 of the Constitution of India to direct the XIII Assistant Judge, City Civil Court, Chennai to dispose the I.A.No.2 of 2019 in O.S.No.8047 of 2019, within a time frame, as stipulated by this court.

Crp.No.3910/2019 Prayer: This Civil Revision Petition has been filed under Section 227 of the Constitution of India to direct the XIII Assistant Judge, City Civil Court, Chennai to dispose the I.A.No.3 of 2019 in O.S.No.8047 of 2019, within a time frame, as stipulated by this court.

For Petitioner :Mr.S.Thankasivan For Respondents :Mr.S.R.Rajan for R1 No appearance for R2

COMMON ORDER These civil revision petition have been filed for direction to the XIII Assistant Judge, City Civil Court, Chennai to dispose the I.A.No.2 and 3 of 2019 in O.S.No.8047 of 2019, within a time frame, as stipulated by this court.

2. The petitioner has filed two petitions before the Trial Court namely i) to grant interim injunction restraining the respondents from interfering with the right of the plaintiff in enjoying all the rights in the first respondent club on the basis of impugned proceedings dated 15.10.2019 and ii) to stay the operation of the above said impugned order. According to the petitioner, the Trial court without passing any orders, has simply adjourned the petitions and hence, direction may be given to the Trial Judge to dispose the petitions, within the time limit, as stipulated by this court.

3. The learned counsel appearing for the first respondent submitted that the first respondent has no objection to allow the civil revision petitions.

4. Recording the submission made by the learned counsel appearing for the respondent and also considering the limited scope of prayer, this court is inclined to pass the following order.

i) The Trial court is directed to the dispose of the applications in I.A.No.2 and 3 of 2019 in O.S.No.8047 of 2019, within 8 weeks from the date of receipt of a copy of this order. ii) The parties shall co-operate for the speedy disposal of the suit.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar mst To The XIII Assistant Judge, City Civil Court, Chennai.

+1cc to M/s.S.Thanka Sivan, Advocate, Sr.No.20870 CRP No.3907 of 2019 and CMP No.25761 and 25762 of 2019 CRP No.3910 of 2019 and CMP No.25765 and 25767 of 2019 BP(CO) GS(08/06/2020)