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Madras High CourtCRP(MD)/1091/2016allowed

The Christian College Of v. R.Jayakumar,

2016-06-03Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 03.06.2016

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM C.R.P.(MD)No.1091 of 2016 and C.M.P.(MD)No.5448 of 2016 The Christian College of Nursing, Rep. by its Correspondent, J.Dishore Jayanath, Neyyoor, Kalkulam Taluk, Kanyakumarai District.

..Petitioner/Respondent/3rd Defendant vs.

R.Jayakumar .. Respondent/Petitioner/Plaintiff Prayer: Petition filed under Article 227 of Constitution of India to set aside the order in I.A.No.196 of 2016 in O.S.No.146 of 2016, dated 29.04.2016 on th file of the learned II Additional Sub Judge, Nagercoil, Kanyakumari District.

For Petitioner : Mr.F.Deepak For Respondent : Mr.D.Saravanan

ORDER

The third defendant in O.S.No.146 of 2016 on the file of the learned II Additional Sub Judge, Nagercoil is the petitioner in this revision.

2. The suit was filed by the respondent for declaration and permanent injunction. He also filed an application in I.A.No.196 of 2016, seeking interim injunction under Order 39 Rule 1 of Civil Procedure Code. The said application was posted for hearing on 25.04.2016 and on that day, the learned counsel for the defendants took time to file counter. On 29.04.2016, counter was filed and the petition stands posted for enquiry on 03.06.2016, while adjourning the petition, the learned Judge also ordered status quo till then. Aggrieved over the order, the present revision is filed.

3. Heard Mr.F.Deepak, learned counsel appearing for the petitioner and Mr.D.Saravanan, learned counsel appearing for the respondent.

4. Mr.F.Deepak, the learned counsel appearing for the petitioner would submit that when the petitioner was ready for enquiry, the learned Judge without assigning any reason has ordered status quo contrary to the order passed in C.R.P.(MD)No.434 of 2013.

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5. Per contra, Mr.D.Saravanan, the learned counsel appearing for the respondent would submit that the respondent is working as a Manager in the petitioner's college and he is entitled to serve, till he attains 60 years. However, in the meanwhile, the revision petitioner attempted to terminate his service, which necessitated the respondent to institute the suit and once if order is vacated, the revision petitioner will terminate the service of the respondent.

6. It is seen from the records that the revision petitioner has already filed counter in the injunction application on 29.04.2016. But the learned II Additional Sub Judge, Nagercoil in stead of passing orders on merits, in a non speaking order granted an order of status quo.

7. It is settled law that the Court has to give reasons for granting interim order. In the unreported Judgment in C.R.P(MD)No.434 of 2013 (Church of South India and another Vs. J.Asir Packia Singh and others), this Court while setting aside the similar order has observed as follows:- "5.Heard both sides. This Court has condemned the passing of such order in various Judgments. Unfortunately, the Judicial Officer are passing such orders which cannot be sustained and hence the revision is allowed and the order of the Court below is set aside and the learned sub Judge, Nagercoil is directed to give opportunity to both parties and dispose of the I.A.No.27 of 2013 in O.S.No.43 of 2013 within a period of four weeks from the date of receipt of a copy of this order. No costs. Consequently, the connected Miscellaneous Petition is closed."

8. In such view of the matter, the order passed in I.A.No.196 of 2016 in O.S.No.146 of 2016 is set aside and the Civil Revision Petition is allowed and the case is remitted back for fresh enquiry. The learned II Additional Sub Judge, Nagercoil is directed to dispose of the application in I.A.No.196 of 2016 in O.S.No.146 of 2016 on merits and in accordance with law within a period of two weeks from the date of receipt of a copy of this order. No costs. Consequently, connected Miscellaneous Petition is also closed.

Sd/ Assistant Registrar(P&A) /True Copy/ Sub Assistant Registrar.

To The II Additional Sub Judge,Nagercoil,Kanyakumari District. +1CC to M/S.D.Saravanan, Advocate, SR.No. 27714 +1CC to M/S.F.Deepak, Advocate, SR.No.27927 C.R.P.(MD)No.1091 of 2016 and C.M.P.(MD)No.5448 of 2016 03.06.2016 pmu/ps AM/GSV.PM/SAR-I/07.06.2016/2P/4C https://hcservices.ecourts.gov.in/hcservices/