Madras High CourtCRP/4283/2019disposed of

G.Krishnakumari v. S.Gunasekaran

2020-01-22Honourable Mr Justice V. Bharathidasan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.01.2020

CORAM:

THE HON'BLE MR.JUSTICE V.BHARATHIDASAN C.R.P(PD).No.4283 of 2019 and C.M.P.No.27949 of 2019 G. Krishnakumari ... Petitioner Vs.

1. S. Gunasekaran

2. Arockiadoss ... Respondents PRAYER : Civil Revision Petition filed under article 227 of Constitution of India praying to set-aside the docket order dated 17.12.2019, not extending the interim injunction granted in I.A.No.3 of 2019 in O.S.No.150 of 2019 dated 17.12.2019 on the file of the District Munsiff Court, Thiruvottiyur. For Petitioner : Mr.S.Saravanan Satheesh kumar 1/4

O R D E R

The Civil Revision has been filed on the ground that the interim injunction granted by the Court below on 07.12.2019 is not extended.

2. According to the petitioner, he has filed a suit in O.S.No.150 of 2019 on the file of the District Munsif, Thiruvottiyur, for permanent injunction against the respondents herein. Along with the suit, he has filed an application seeking interim injunction, the trial Court, by an order dated 07.12.2019, granted interim injunction till 17.12.2019 and posted the matter on 17.12.2019. On that date, the matter was adjourned to 06.01.2020. But the trial Court did not extend the interim order. Hence, the present revision has been filed.

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3. The learned counsel for the petitioner would submit that he has complied with Order 39 Rule 3(a) CPC and the respondent has also entered appearance. The trial Court without considering the same, simply adjourned the matter and not extended the interim order

4. Considering the fact that the trial Court has already granted interim injunction and the respondents also entered appearance, the trial Court is directed to dispose the application in I.A.No.3 of 2019 within a period of two (2) weeks from the date of receipt of a copy of the order, after hearing both sides. Till the said interlocutory application is disposed of , the interim order already granted by the trial Court dated 07.12.2019 is extended.

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5. With the above directions, the Civil Revision Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

22.01.2020 Index:Yes/No Internet:Yes Speaking/Non-speaking order mrp To The District Munsiff Court, Thiruvottiyur.

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V.BHARATHIDASAN, J mrp C.R.P(PD).Nos.4283 of 2019 and C.M.P.No.27949 of 2019 22.01.2020 5/4