Madras High CourtCRP(MD)/2161/2016dismissed

Maariappan v. Gurusamy

2018-09-06Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.09.2018 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN C.R.P.(MD)No.2161 of 2016 and C.M.P.(MD).No.10089 of 2016 Maariappan .. Petitioner/Respondent/ Petitioner/Plaintiff vs.

1.Gurusamy 2.Muthupandi .. Respondents/Appellants/ Respondents/Defendants PRAYER: Civil Revision Petition filed under Section 115 of Civil Procedure Code, against the fair and decreetal order passed in C.M.A.No.8 of 2015 on the file of the Sub Court, Sankarankovil, dated 07.09.2016 reversing the fair and decreetal order dated 30.06.2015 passed in I.A.No.407 of 2015 in O.S.No.114 of 2015 on the file of the Principal District Munsif Court, Sankarankovil. For Petitioner : Mr.K.Karthick For Respondents : Mr.R.J.Karthick

ORDER

The plaintiff in O.S.No.114 of 2015 on the file of the learned Principal District Munsif, Sankarankovil is the revision petitioner herein. He filed I.A.No.407 of 2015 for temporary injunction and the same was allowed. Questioning the same C.M.A.8 of 2015 was filed. The learned trial Judge allowed the CMA. Questioning the same, Civil Revision Petition has been filed.

2. The order impugned in the Civil Revision Petition was passed as early as on 07.09.2016. For more than two years, the revision petitioner did not enjoy any interim order in his favour. In the meanwhile, the trial had commenced. Plaintiff side was over. The defendants concluded his part of chief examination. It is now posted for cross-examination.

3. Therefore in the interest of justice and without going into the merits of the matter, the trial Court is directed to dispose of the suit itself, within a period of three months from https://hcservices.ecourts.gov.in/hcservices/

the date of receipt of a copy of this order. It is needless to mention that the trial Judge will conclude the said proceedings totally uninfluenced by the outcome of the Civil Revision Petition. Accordingly, this Civil Revision Petition stands dismissed.

No costs. Consequently, connected miscellaneous petition is dismissed.

sd/ Assistant Registrar(Crl. Side) /True Copy/ Sub Assistant Registrar(CS-III) To 1.The Subordinate Judge, Sankarankovil.

2.The Principal District Munsif, Sankarankovil. Copy to:- The Section Officer, V.R.Section, Madurai Bench of Madras High Court, Madurai. (2 copies) +1cc to MR.R.KARTHICK, Advocate in SR.No. 82926 PJL DS/RP/SAR3/27.10.2018/2P/6C C.R.P.(MD)No.2161 of 2016 06.09.2018 https://hcservices.ecourts.gov.in/hcservices/