Madras High CourtCRP(MD)/371/2015disposed of

Indian Bank v. C.Muthu

2015-03-05Honourable Mrs Justice Pushpa Sathyanarayana2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.03.2015

CORAM

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA C.R.P.(PD)(MD)No.371 of 2015 Indian Bank,Main Branch, North Car Street, Dindigul, rep. by its Regional Manager .. Petitioner/Petitioner/ Defendant No.1 Vs.

1.C.Muthu 2.The District Collector, Dindigul District, Dindigul.

3.The Tahsildar, Dindigul East Taluk Office, Dindigul.

4.The Superintendent of Police, Dindigul District, Dindigul. .. Respondents/Respondents/Plaintiff Defendants 2 to 4 Civil Revision Petition is filed under Article 227 of the Constitution of India to direct the learned Principal District Munsif, Dindigul to dispose of I.A.No.764 of 2014 in O.S.No.569 of 2014, as expeditiously as possible.

For Petitioner : Mr.S.Devaraj

ORDER

The Civil Revision Petition has been filed to direct the learned Principal District Munsif, Dindigul to dispose of I.A.No.764 of 2014 in O.S.No.569 of 2014, as expeditiously as possible.

2. The defendant/Bank is the revision petitioner herein. The first respondent is the borrower from the bank and he has not settled the amount. Therefore, the property has been brought under sale under the SARFEASI Act. The first respondent/plaintiff has filed O.S.No.569 of 2014 for the relief of injunction restraining the bank from interfering with the peaceful possession of their property.

3. It is now stated by the revision petitioner that the property has already been brought under sale in the SARFEASI proceedings and the relief sought for in the suit has become infructuous. Therefore, the petitioner/Bank filed an application in I.A.No.764 of 2014 under order 7 Rule 11 of Cr.P.C. to reject the plaint. Though the application is filed in the month of September 2014, the first respondent herein has been taking several adjournments without filing any counter. Therefore, the https://hcservices.ecourts.gov.in/hcservices/

petitioner has come before this Court seeking a direction for disposal of the interlocutory application at an early date.

4. Considering the limited prayer sought for by the petitioner, the learned Principal District Munsif, Dindigul is directed to dispose of I.A.No.764 of 2014 in O.S.No.569 of 2014, on or before 30.04.2015.

5. The Civil Revision Petition is disposed of accordingly. No order as to costs.

Sd/- Assistant Registrar(AE) \\True copy\\ Sub Assistant Registrar To The Principal District Munsif, Dindigul.

+1cc to MR.S.DEVARAJ, ADVOCATE SR.NO.10481 C.R.P.(PD)(MD)No.371 of 2015 RJ2 NA/16/03/2015/P2/3C https://hcservices.ecourts.gov.in/hcservices/