Madras High CourtCRP(MD)/297/2017allowed

Kamalam, v. Duraisamy,

2017-02-14Honourable Ms.Justice V.M.Velumani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.02.2017

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI C.R.P(MD)No.297 of 2017 (PD) 1.Kamalam 2.Suresh .. Petitioners Vs.

Duraisamy ... Respondent PRAYER: Civil Revision Petition is filed, under Article 227 of the Constitution of India, to direct the learned District Munsif, Vedasandur, to dispose the I.A.No.221 of 2016 in O.S.No.136 of 2016, within a time frame as may be fixed by this Court. For Petitioner :

Mr.J.Lawrence

ORDER

The petitioner has filed this Civil Revision Petition,to direct the learned District Munsif, Vedasandur, to dispose of the I.A.No.221 of 2016 in O.S.No.136 of 2016, within the stipulated period of time.

2. The revision petitioner, who is the plaintiff filed suit in O.S.No.136 of 2016 against the respondent for declaration to declare that petitioners are entitled to use "B" schedule pathway from Vadamadurai to Nallamannarkottai Road as South West, through Survey Fields.2195/5, 2196/1,2197/1,2182/2,2189/4 situated at Vadamadurai Village, Vedasandur Taluk, Dindigul District and for permanent injunction. Along with the suit, the petitioners filed I.A.No.221 of 2016 for interim injunction restraining the respondent and his men and agents or anyone authorised by him from in any manner restraining them to use the said "B" schedule pathway by the petitioner till the disposal of the suit.

3. The respondent entered appearance through Advocate and took time for filing counter. Subsequently, no counter is filed. The application is kept pending without any progress. In the circumstances, the petitioner has come out with the present revision.

4. I have heard the learned counsel appearing for the https://hcservices.ecourts.gov.in/hcservices/

petitioner and perused the materials available on record.

5. Taking into consideration the material facts and circumstances, this Court is of the view that in the interest of justice, it may be expedient to issue a direction to the learned District Munsif, Vedasandur. Accordingly, this Civil Revision Petition is allowed and the learned learned District Munsif, Vedasandur, is directed to dispose of I.A.No.221 of 2016 in O.S.No.136 of 2016, as expeditiously as possible, in any event, not later than 30th April 2017. No costs.

Sd/- Assistant Registrar(AE) /True Copy/ Sub Assistant Registrar trp To 1 The Principal District Judge, Dindigul.

2 The learned District Munsif, Vedasandur.

+1cc to Mr.J.Lawrance, Advocate Sr.No. 8335 JAM/01.03.17 /RSK/2p-4c C.R.P(MD)No.297 of 2017 (PD) 14.02.2017 https://hcservices.ecourts.gov.in/hcservices/