Dinakar Maharaja v. Ayyavu@Ayyavu George

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.12.2015

CORAM:

THE HONOURABLE MR.JUSTICE T.MATHIVANAN C.M.A.(MD)No.1365 of 2015 and M.P.(MD)No.1 of 2015 Dinakar Maharaja ..Appellant/5th Respondent/5th Defendant Vs.

1.Ayyavu @ Ayyavu George Chairman & Dean of Krammer Sandegeren Foundation Church of Sweden Mission in India ..1st Respondent/Petitioner/Plaintiff 2.The Pastor, The Tamil Evangelical Lutheran Church (TELC), Tharangampadi Illam, Cantonment, Trichirappalli Town - 1.

3.K.Joseph Kesavarao 4.Pirikitta Enwal 5.Ranjani ..Respondents 2 to 5/Respondents 1 to 4/ Defendents 1 to 4 Prayer: Civil Miscellaneous Appeal is filed under Order 43 Rule 1(r) of C.P.C., against the order dated 30.09.2015 passed in I.A.No.250 of 2015 in O.S.No.85 of 2015 on the file of the Additional District Court, Dindigul.

For Appellant : Mr.K.Vinayagan

JUDGMENT

The learned counsel for the appellant has submitted that the plaintiff / 1st respondent has filed a suit in O.S.No.85 of 2015 before the Additional District Court, Dindigul. Along with the suit, has filed an interlocutory application in I.A.No.250 of 2015 under Order 39 Rule 1 and Section 151 of Civil Procedure Code for granting an order of ad interim injunction.

https://hcservices.ecourts.gov.in/hcservices/ 2.The Trial Court after hearing the learned counsel appearing for the 1st respondent / plaintiff, has granted an order of ad interim

injunction, without issuing notice to the 5th respondent / appellant. As contemplated under Rule 3(A) of Order 39 of Code of Civil Procedure, that interlocutory application ought to have been disposed of within the prescribed period of 30 days. But, this mandatory provision has not been followed by the court below. Challenging the above said order, this Civil Miscellaneous Appeal is filed. 3.When the matter is taken up for hearing, the learned counsel appearing for the appellant instead of challenging the impugned order, has requested this Court to issue a direction to the Trial Court to dispose of the interlocutory application, after inviting the objection from the appellant, as early as possible preferably within a period of one month from the date of receipt of a copy of this order.

4.Keeping in view of the above fact, the learned Additional District Judge, Dindigul is hereby directed to dispose of the interlocutory application within a period of 30 days on merit after inviting the objection from the appellant.

5.The Civil Miscellaneous Appeal is disposed of. No costs. Consequently, connected M.P.is closed.

Sd/- Assistant Registrar (C.O.) /True Copy/ Sub Assistant Registrar To The Additional District Judge, Dindigul.

+1cc to Mr.K.Vinayagan, Advocate SR.No.71766 Akm/16.12.2015/ 2p- 3c/SKN/SK/SAR-II C.M.A.(MD)No.1365 of 2015 15.12.2015 https://hcservices.ecourts.gov.in/hcservices/