Kanagaraj v. Chandrasekaran

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.08.2018

CORAM

THE HONOURABLE MR. JUSTICE G.R.SWAMINATHAN C.R.P.PD[MD]No.442 of 2016 and C.M.P.[MD]No.1921 of 2016 Kanagaraj : Petitioner Vs.

Chandrasekaran : Respondent PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, praying to set aside the Fair and decreetal order made in I.A.No.94 of 2015 in O.S.No.632 of 2008 on the file of II Additional District Munsif, Trichy dated 21.08.2015, by allowing this revision.

For Petitioner : Mr.R.Sundar For Respondent : Mr.R.Sundar Srinivasan

O R D E R

************ The defendant is the revision petitioner herein. O.S.No.632 of 2008 was filed for the relief of injunction. I.A.No.94 of 2015 was taken out for amending the plaint for incorporating the prayer for mandatory injunction. The same was allowed. Questioning the correctness of the said order, the present Civil Revision Petition has been filed.

2.Heard the learned Counsel on either side.

3.This Court notes that it is a case of pre-trial amendment. The learned Counsel for the revision petitioner submitted that the Court below has mechanically allowed the application without even considering his objections. Even though this submission carries some weight, I am of the view that no real prejudice has been caused and his rights have not been affected in any manner. Hence, this Civil Revision Petition is dismissed. The suit is of the year 2008. Therefore, the Court below is directed to dispose of the suit within a period of four [4] months from the date of receipt of a copy of this order. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar (RTI) // True Copy // https://hcservices.ecourts.gov.in/hcservices/ Sub Assistant Registrar(CS-IV)

To The II Additional District Munsif, Trichy.

+1 CC To MR.R.SUNDAR, Advocate SR. NO. 80515 +1 CC To MR.R.SUNDAR SRINIVASAN, Advocate SR. NO. 80537 ORDER MADE IN C.R.P.PD[MD]No.442 of 2016 28.08.2018 MR TR/RP/SAR-IV(03.10.2018)2P 4C https://hcservices.ecourts.gov.in/hcservices/