Madras High CourtCRP(MD)/2608/2017allowed

Mr.T.Udaya Sankar, v. T.Velsankar,

2017-12-22Honourable Mr Justice G.R.Swaminathan1 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.12.2017

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN C.R.P.(PD)(MD)No.2608 of 2017 1.Mr.T.Udaya Sankar 2.Mr.Kannaram ... Petitioners -vsT.Velsankar ... Respondent PRAYER:Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the petition order dated 18.12.2017 in I.A.No.24 of 2017 in O.S.No.10 of 2017 on the file of District Judge, Tuticorin.

For Petitioner : Mr.K.Govindarajan

ORDER

The Revision Petitioner has filed the suit for permanent injunction. Pending suit, he took out an application for temporary injunction. The matter was referred to mediation. Mediation failed. Thereafter, the learned Trial Judge appears to have summarily closed the injunction application. This is clearly not sustainable in law. 2.The learned Trial Judge shall hear both parties and give disposal of the I.A.No.24 of 2017 in O.S.No.10 of 2017 on merits. The impugned order closing I.A.No.24 of 2017 is set aside. The learned Trial Judge is directed to restore I.A.No.24 of 2017 on file and dispose of the same, after hearing both the parties. 3.This Civil Revision Petition is allowed accordingly.No costs. Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar To The District Judge, Tuticorin.

+1cc to M/S.K.GOVINDARAJAN, Advocate SR.No.94898. C.R.P.(PD)(MD)No.2608 of 2017 22.12.2017 Skm SDS/SKN:RSK/SAR 2/04.01.2018/1P/3C https://hcservices.ecourts.gov.in/hcservices/