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Madras High CourtCRP/4278/2019disposed of

Saraswathi v. Ganeshan

2023-11-27Honourable Mr Justice J.Sathya Narayana Prasad4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.11.2023

CORAM:

THE HON'BLE MR.JUSTICE J. SATHYA NARAYANA PRASAD C.R.P.No.4278 of 2019 and C.M.P.No.27922 of 2019 Smt.Saraswathi ... Petitioner Vs.

1. Ganeshan

2. R.Manoj

3. Pushpa ... Respondents PRAYER:- This Civil Revision Petition is filed under Article 227 of the Constitution of India praying to set aside the order and decretal order passed by the learned Subordinate Court at Coonoor in C.M.A.No.5 of 2018 dated 24.10.2019 confirming the fair and decretal order passed by the learned District Munsif, Kotagiri Court at Nilgiris I.A.No.83 of 2018 in O.S.No.9 of 2018 dated 04.06.2018 so far as against the Interim Application for injunction filed by the petitioner. For Petitioner :

Mr.M.Rajasekar For Respondents :

Mr.L.Mouli, For R1 to R3.

O R D E R

This civil revision petition has been filed challenging the judgment and decretal order dated 24.10.2019 passed in C.M.A.No.5 of 2018 on the file of Subordinate Court, Conoor.

2. The learned counsel for the petitioner submitted that the suit is filed for permanent injunction and an application in I.A.No.83 of 2018 has been filed for temporary injunction, which was dismissed by the trial court on 04.06.2018. Aggrieved by the said order, C.M.A.No.5 of 2018 has been filed on the file of the Sub Court, Conoor and the same was dismissed vide order and decretal order dated 24.10.2019. Challenging the said order, the petitioner has come forward with the present civil revision petition.

3. When the matter was taken up for hearing today, the learned counsel for the petitioner submitted that this Court may direct the District Munsif Court to dispose of the suit in O.S.No.9 of 2018 as expeditiously as possible.

4. The learned counsel appearing for the respondent has also

agreed the above submission made by the learned counsel for the petitioner.

5. Heard both sides.

6. In view of the above submissions made by the learned counsel on either side, the learned District Munsif, Kothagiri is hereby directed to dispose of the suit in O.S.No.9 of 2018 as expeditiously as possible, preferably within a period of six months from the date of receipt of a copy of this order.

7. This civil revision petition stands disposed of with the above direction. No costs. Consequently, connected miscellaneous petition is closed.

Index : No 27.11.2023 Internet : Yes kmm To

1. The District Munsif, Kotagiri Court at Nilgiris.

2. The Subordinate Court at Coonoor.

J. SATHYA NARAYANA PRASAD, J.

kmm C.R.P.No.4278 of 2019 27.11.2023