Madras High CourtCRP(MD)/2286/2018allowed

J.S.K.A.A.H.Maulana v. Jama Athul Ulama Sabai Trichy

2018-10-22Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.10.2018

CORAM

THE HONOURABLE MR. JUSTICE G.R.SWAMINATHAN C.R.P(MD)(PD).No.2286 of 2018 1.J.S.K.A.A.H.Maulana rep., by his Power Agent H.Sirajudeen, Jamia Yaseen Arabic College, Near J.J.Engineering College, Trichy District.

2.Awniyya World Peace Trust, 1/1, Madurai Vasal Lane, Seven Wells, Broadway, Chennai-600001 rep., by its Trustee H.Sirajudeen ... Revision Petitioners/Plaintiff vs.

1.Jama-Athul Ulama Sabai (Trichy District, Town and Circle Branch), rep., by its President, Roohul Haq, C/o., Anvarul Uloom Arabic College, Kaja Nagar, Subramaniyapuram, Trichy-620020.

2.Mr.Roohul Haq, President, Jama-Athul Ulama Sabai (Trichy District, Town and Circle Branch), C/o., Anvarul Uloom Arabic College, Kaja Nagar, Subramaniyapuram, Trichy-620020.

3.Haji K.M.Abdur Rahim Mambai, Secretary, Jama-Athul Ulama Sabai (Trichy District, Town and Circle Branch), C/o., Anvarul Uloom Arabic College, Kaja Nagar, Subramaniyapuram, Trichy-620020.

...Respondents/Defendants

PRAYER: Petition filed under Article 227 of the Constitution of India, to direct the Subordinate Court, Tiruchirappalli to dispose of the I.A.No.613 of 2018 in O.S.No.697 of 2018 within a specified time frame that may be fixed by this Court.

For Petitioners : Mr.Shangar Murali

ORDER

The plaintiffs in O.S.No.697 of 2018 on the file of the II Additional Subordinate Court, Tiruchirapalli, are the revision petitioners herein. The suit is one for permanent injunction and for damages.

2.The case of the revision petitioner is that he is being defamed by the activities of the defendants. Therefore, I.A.No.613 of 2018 has been filed for restraining the defendants from doing so. The grievance of the revision petitioner is that the said interlocutory application is being adjourned and has now been posted to 13.11.2018. The learned counsel for the revision petitioner states that the purpose of filing an interlocutory application is to prevent the defendants from continuing to indulge in the act of defamation. The said object and purpose will be defeated, if the interlocutory application is being mechanically adjourned from time to time.

3.I find force in the said submission.

4.The learned counsel states that the next hearing date is on 13.11.2018. The Court below is mandated to dispose of I.A.No.613 of 2018 on merits and in accordance with law on 13.11.2018 itself or within one week thereafter. Under no circumstances, this time limit will be extended.

5.This Civil Revision Petition is allowed accordingly. The learned counsel for the revision petitioner is permitted to inform the respondents about the passing of this direction. No costs. Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar(CS-I)

rmk To 1.The Subordinate Judge, Tiruchirappalli.

+1cc to Mr.Shangar Murali, Advocate in SR No.91056 C.R.P(MD)(PD).No.2286 of 2018 NM/SKN/SAR I/23.10.18/3P/3C.