Karthik v. R.Chellakannu(Died)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.06.2025

CORAM

THE HON'BLE MR. JUSTICE M.DHANDAPANI and C.M.P.(MD)Nos.2715 & 1060 of 2021 Karthik

...Petitioner

Vs.

1.R.Chellakannu (Died) 2.C.Krishnaveni 3.C.Balachandar 4.C.Prabhu

...Respondents

[Respondents 2 to 4 are brought on record as LRs of the deceased sole respondent vide court order dated 14.02.2025 made in C.M.P.(MD) No.8879, 8881 and 8884 of 2024 in C.R.P.(MD)No.176 of 2021] PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India, praying to set aside the fair order and decreetal order dated 04.09.2020 made in C.M.A.No.9 of 2019, on the file of the learned 2nd Additional Sub Judge, Tiruchirappalli, reversing the fair and decreetal order dated 11.01.2019 made in I.A.No.1055 of 2018 in O.S.No.1224 of 2018, on the file of the learned 3rd Additional District Munsif, Tiruchirappalli and allow this Civil Revision Petition.

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For Petitioner : Mr.S.Deenadhayalan For Respondents 2 to 4 : Mr.D.Kirubakaran

ORDER

This petition has been filed seeking to quash the order dated 04.09.2020 made in C.M.A.No.9 of 2019, on the file of the learned 2nd Additional Sub Judge, Tiruchirappalli, reversing the fair and decreetal order dated 11.01.2019 made in I.A.No.1055 of 2018 in O.S.No.1224 of 2018, on the file of the learned 3rd Additional District Munsif, Tiruchirappalli and allow this Civil Revision Petition.

2.The petitioner filed a suit for permanent injunction in O.S.No.1224 of 2018, in which the petitioner also filed an interlocutory application in I.A.No. 1055 of 2018 and the trial Court granted interim injunction. As against which, the first respondent herein preferred a Civil Miscellaneous Appeal in C.M.A.No.9 of 2019, on the file of the 2nd Additional Sub Judge, Tiruchirappalli and the said appeal came to be allowed. As against the same, the present Civil Revision Petition has been filed. 3.During the course of the arguments, learned counsel appearing for the petitioner would submit that the suit in O.S.No.1224 of 2018, is pending since 2/5

2018 and is getting adjourned several times. Hence, he prays for a direction to the concerned Court to expedite the trial.

4.In such view of the matter, this Court, without going into the merits of the case, directs the 3rd Additional District Munsif Court, Tiruchirappalli, to expedite the trial and complete the case in O.S.No.1224 of 2018, within a period of six [6] months from the date of receipt of a copy of this order. 5.Accordingly, this Civil Revision Petition stands disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

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To 1.The 2nd Additional Sub Judge, Tiruchirappalli.

2.The 3rd Additional District Munsif Court, Tiruchirappalli.

3.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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M.DHANDAPANI , J.

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