Madras High CourtCRP(MD)/1523/2018allowed

Lalgudi Muslim (Wakf) Dharma v. L.G.P. Kannan

2018-08-06Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.08.2018

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN C.R.P.(PD)(MD).No.1523 of 2018 Lalgudi Muslim (Wakf) Dharma Paripalana Sthapanam, Represented by its President, Imam Baig, S/o.Ussin Bai, President Lalgudi Muslim (Wakf), Dharma Paripalana Sthapanam, Having its office at Jamia Pallivasal, Mela Veedhi, Trichy.

... Petitioner/Petitioner/ Defendant Vs.

L.G.P.Kannan ... Respondent/Respondent/ Plaintiff PRAYER : Civil Revision Petition is filed under Article 227 of Constitution of India, to issue a direction to the learned Principal District Munsif, Lalgudi, to dispose the I.A.No.412 of 2018 in O.S.No.325 of 2015 on the file of the said Court within a stipulated period as may be fixed by this Court.

For Petitioner : Mr.R.Sundar

ORDER

Heard the learned counsel appearing for the Revision petitioner.

2. Considering the nature of relief sought for in this Civil Revision petition, there is no need to issue notice to the respondent.

3. The Revision petitioner herein is a Wakf and is the defendant in O.S.No.325 of 2015 on the file of the learned Principal District Munsif, Lalgudi. It is a suit for injunction that he should not be evicted except by due process of law.

4. The Revision petitioner herein had filed I.A.No.412 of 2018 for restraining the plaintiff from putting up any construction in the suit property. The said Interlocutory application was filed on 05.06.2018. It was adjourned to 25.06.2018. It was again adjourned to 11.07.2018. The learned counsel appearing for the Revision petitioner submits that the matter is again adjourned to today (06.08.2018). Further the learned counsel for the Revision https://hcservices.ecourts.gov.in/hcservices/

petitioner submits that there is no progress in the matter and that therefore a direction has to be given for expeditious disposal in I.A.No.412 of 2018.

5. Finding force in the said request of the petitioner's counsel, this Court directs the learned Principal District Munsif, Lalgudi, to dispose of the I.A.No.412 of 2018 in O.S.No.325 of 2015 on or before 17.08.2018. If the hearing in the said application has been adjourned to a date beyond 17.08.2018, the Court below shall advance the hearing and dispose of the matter before the said date. It is made clear that this Court will not entertain any application seeking extension of time.

6. The Civil Revision petition stands allowed, accordingly. No costs.

Sd/- Assistant Registrar(W) /True Copy/ Sub Assistant Registrar(CS-I) To The Principal District Munsif, Lalgudi.

+1CC to Mr.R.Sundar, Advocate, SR.No. 77317 C.R.P.(PD)(MD).No.1523 of 2018 06.08.2018 PMU ES/SKN/RSK/SAR 1/11.08.2018/2P/3C https://hcservices.ecourts.gov.in/hcservices/