Madras High CourtCRP(MD)/1171/2018disposed of

Arumugathammal, v. Valliammani

2018-06-14Honourable Mr Justice M.V. Muralidaran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.06.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN C.R.P.(PD)(MD)No.1171 of 2018 Arumugathammal ... Revision Petitioner/Plaintiff Vs.

1.Valliammai 2.Andiappan ... Respondents/Defendants 4 & 5 Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, praying for expeditious disposal of the Interlocutory Application within a time frame as may be fixed by this Court in I.A.No.40 of 2018 in O.S.No.29 of 2018, pending on the file of the Additional District Munsif Court, Karaikudi. For Petitioner : Mr.P.Saravanakumar

O R D E R

The Civil Revision Petition has been filed for a direction to the learned Additional District Munsif, Karaikudi to dispose of the application in I.A.No.40 of 2018 in O.S.No.29 of 2018.

2. The petitioner is the plaintiff and she has filed a suit in O.S.No.29 of 2018 before the learned Additional District Munsif, Karaikudi, against the respondents/defendants. Along with the suit, she filed an application in I.A.No.40 of 2018 under Order 39 Rules 1 and 2 of C.P.C. and Section 151 of C.P.C., seeking interim injunction against the respondents.

3. The first respondent/first defendant has filed a counter and in para - 5 of the counter, which was enclosed in Page No.33 of the typed set, she herself admit that she is going to put up construction in the suit schedule property. Therefore, for the urgency, the petitioner has approached this Court by invoking the jurisdiction under Article 227 of the Constitution of India, seeking for a direction to the learned Additional District Munsif, Karaikudi to dispose of the I.A.No.40 of 2018, within a particular period.

4. Heard the learned counsel for the petitioner and perused the materials placed before this Court.

5. Since the petitioner has sought for a limited prayer, without issuing notice to the respondents, I am inclined to pass the following order.

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The learned Additional District Munsif, Karaikudi is directed to dispose of the I.A.No.40 of 2018 within a period of 15 days from the date of receipt of a copy of this order, by giving notice to both the parties.

6. The Civil Revision Petition is disposed of, with the above direction. No costs.

Sd/- Assistant Registrar (CS-I) /True Copy/ Sub Assistant Registrar To The Additional District Munsif Court, Karaikudi.

+1CC to M/s.P.KALAIYARASI BHARATHI, Advocate, SR.No.68382 C.R.P.(PD)(MD)No.1171 of 2018 14.06.2018 AKV ES/SKN/RSK/SAR 4/02.07.2018/2P/3C https://hcservices.ecourts.gov.in/hcservices/