Ilaiyaraja v. Prasad Digital Laboratories

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.02.2020

CORAM

THE HONOURABLE MR. JUSTICE V.BHARATHIDASAN C.R.P.PD 3946 of 2019 Ilaiyaraja ... Petitioner

Versus

1. Prasad Digital Laboratories, 28, Arunachalam Street, Saligramam, Chennai-600 093.

2. A.Ramesh

3. Sai Prasad, Both having office at:

28, Arunachalam Street, Saligramam, Chennai-600 093.

... Respondents PRAYER :Civil Revision Petition is filed under Art. 227 of Constitution of India, praying to direct speedy disposal of I.A. 2 of 2019 in O.S. 7135 of 2019, on the file of the Hon'ble XVII Asst. City Civil Court, Chennai.

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For Petitioner : Mr.A.Saravanan For Respondents : Mr.Abdul Saleem

O R D E R

This Civil Revision Petition has been filed seeking a speedy disposal of I.A. 2 of 2019 in O.S. 7135 of 2019, pending on the file of XVII Asst. City Civil Court, Chennai.

2. The petitioner is a plaintiff in the suit. The suit has been filed seeking the following relief :- "a) for a permanent injunction restraining the defendants, their men, agents, servants or anyone acting on their behalf from in any way or in any manner interfering with the plaintiff's peaceful possession and enjoyment of the property being the entire block being Recording theatre-1, alias Prasad recording theatre (commonly known as Ilayaraaja recording theatre), Prasad Digital Film Laboratories and Group Compound, 58 & 28, Arunachalam Street, Saligramam, Chennai-600 093, morefully described in the schedule hereunder, except under due process of law."

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3. Pending suit, the petitioner has filed an application seeking for interim injunction. That application was not disposed of. Hence, the present Civil Revision Petition has been filed.

4. Earlier, when the matter came up for hearing, the matter was referred to mediation centre for arriving a settlement. Since the mediation was not successful, the matter was again referred to this court.

5. Today, when the matter taken up for hearing, Mr.A.Saravanan, learned counsel appearing for petitioner submitted that, pending suit, the respondents have also filed two more applications in I.A. Nos.3 and 4 of 2019 to implead some defendants. Now, the arguments also advanced in all the three applications. Hence, the Trial Court may be directed to pass orders in the applications as expeditiously as possible.

6. Mr.Abdul Saleem, learned counsel appearing for respondents has also not disputed the above fact.

7. I have considered the rival submissions made by learned counsel appearing for petitioner as well as learned counsel appearing for respondents and perused the records carefully. 3/5

8. Considering the fact that, the arguments have been advanced in all the applications, the learned XVII Asst. City Civil Court, Chennai is directed to consider I.A.s 2, 3 and 4 of 2019, and pass orders on merits in accordance with law within a period of two weeks from the date of receipt of the copy of this order. Accordingly, this Civil Revision Petition stands disposed of. No costs.

28.02.2020 Index : Yes/No Internet: Yes/No Speaking/Non Speaking order rpp Note : Issue order copy on 03.03.2020 To XVII Asst. Judge, City Civil Court, Chennai.

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V.BHARATHIDASAN,J.

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