G.Rajendiran v. D.Kumaravelan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.01.2021 C O R A M THE HON'BLE MR. JUSTICE KRISHNAN RAMASAMY C.R.P.(PD)No.3859 of 2018 and C.M.P.No.21497 of 2018 1.G.Rajendiran S/o.Govindarajulu Director of M/s.Macnur Enterprises Pvt. Ltd., 2.D.Prabhakar S/o.K.Dharmalingam Authorised Signatory of RAR Corporate Services Pvt. Ltd., Represented by their Assistant Manager K.Sathiyanaryanan ... Petitioners Vs D.Kumaravelan ... Respondent Prayer: Civil Revision Petition filed under Article 227 of Constitution of India, prayed to set aside the fair and decretal order dated 18.07.2018 made in C.M.A.No.18 of 2016 reversing the order in I.A.No.278 of 2014 in O.S.No.87 of 2014 on the file of the Subordinate, Tiruttani. For Petitioners : Mr.S.Udayakumar For Respondent : Mr.S.Vijayakumar 1/5

ORDER

This Civil Revision Petition has been filed challenging the order dated 18.07.2018 made in C.M.A.No.18 of 2016 reversing the order in I.A.No.278 of 2014 in O.S.No.87 of 2014 on the file of the Subordinate Court, Tiruttani. 2.I.A.No.278 of 2014 in O.S.No.87 of 2014 was filed by the petitioner/plaintiff seeking interim injunction restraining the respondent/defendant in any manner interfering with the petitioner's possession and enjoyment. The same was allowed by the Court below. Against the said I.A., the respondent/defendant filed Civil Miscellaneous Appeal in C.M.A.No.18 of 2016 before the I Additional District Court, Tiruvallur. The I Additional District Judge, Tiruvallur, vide order dated 18.07.2018, reversed the order passed in I.A.No.278 of 2014. Challenging the same, the present Civil Revision Petition has been filed.

3.When the matter is taken up for hearing today, the learned counsel for the petitioner fairly submitted that the in the suit the written statement has been 2/5

filed and the issues are yet to be framed and therefore, he requested that an appropriate direction may be given to dispose the suit at the earliest point of time and that would suffice to get a relief at the earliest. 4.The learned counsel for the respondent fairly submitted that the time limit may be fixed to dispose the suit.

5.Heard the learned counsel for the petitioner as well as the respondent. 6.In view of the submissions made by the learned counsel for the petitioner and the respondent, this Court is of the view that it would be appropriate to direct the Court below to dispose of the suit at the earliest point of time. Now, the suit is pending at the stage of framing issues. Therefore, this Court directs the Court below to frame the issues within a period of one week from the date of receipt of a copy of this order and complete the trial within a period of two months thereafter from framing of issues. After completion of trial, the Court below shall hear the final arguments of both the parties and dispose the suit within a period of two months from the completion of trial. 3/5

Both the parties shall not precipitate the issue. 7.With the above directions, this Civil Revision Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 27.01.2021 Index: Yes/No Speaking order/Non-speaking order rst To:

The Subordinate Judge, Tiruttani.

4/5

KRISHNAN RAMASAMY rst C.R.P.(PD)No.3859 of 2018 and C.M.P.No.21497 of 2018 27.01.2021 5/5