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Madras High CourtCRP(MD)/2299/2017allowed

C. Ramachandran v. K. Ammasi

2018-02-08Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.02.2018 CORAM :

THE HONOURABLE MRS.JUSTICE J.NISHA BANU C.R.P.(PD)(MD)No.2299 of 2017 and C.M.P.(MD)No.11144 of 2017 C.Ramachandran ... Petitioner / Petitioner / Plaintiff vs.

1.K.Ammasi ... Respondent / Respondent / Defendant 2.A.Ramar ... 2nd Respondent / Respondent / Proposed 2nd Defendant PRAYER: Petition filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order passed in I.A.No.282 of 2017 in O.S.No.157 of 2014 on the file of the Principal District Munsif, Manamadurai dated 10.11.2017. For Petitioner : Mr.A.Sivaji For Respondents : Mr.N.Balakrishnan *****

ORDER

This Civil Revision Petition has been filed challenging the fair and decreetal order passed by the learned Principal District Munsif, Manamadurai in I.A.No.282 of 2017 in O.S.No.157 of 2014 dated 10.11.2017.

2. The fact of the case is that the petitioner herein, as plaintiff, has filed a suit in O.S.No.157 of 2014, against the first respondent herein/defendant for the relief of permanent injunction and other reliefs. During the course of the proceedings, the petitioner/plaintiff has filed an interlocutory application in I.A.No.282 of 2017 to implead one Ramar, son of the first respondent/first defendant, as the second defendant in the said suit. As the same was dismissed by the trial Court, the present civil revision petition came to be filed.

3. When the matter is taken up for hearing today, the learned Counsel appearing for the respondents fairly submitted that the present civil revision petition may be allowed and he prayed for a direction to the lower Court for early disposal of the main suit. https://hcservices.ecourts.gov.in/hcservices/

4. In view of the submissions of the learned Counsel for the respondents, the impugned order dated 10.11.2017 passed by the

learned Principal District Munsif, Manamadurai is set aside and the petition in I.A.No.282 of 2017 in O.S.No.157 of 2014 stands allowed. The learned Principal District Munsif is directed to dispose of the main suit itself within a period of six months from the date of receipt of a copy of this order. Both the parties are directed to co-operate for early disposal of the suit.

5. This Civil Revision Petition stands allowed in the above terms. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(C.O) /True Copy/ Sub-Assistant Registrar To The Principal District Munsif, Manamadurai.

+One cc to Mr.A.Sivaji, Advocate, SR.No.47156 +One cc to M/s.N.Balakrishnan, Advocate, SR.No.47145 gk RL/4C/2P/SV/MMS/SAR4/12/2/2018 C.R.P.(PD)(MD)No.2299 of 2017 and C.M.P.(MD)No.11144 of 2017 08.02.2018 https://hcservices.ecourts.gov.in/hcservices/