A.Kesavan v. P.Sankarnarayanan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.06.2025

CORAM

THE HON'BLE MR. JUSTICE M.DHANDAPANI C.R.P.(PD)(MD)No.1472 of 2025 A.Kesavan

...Petitioner

Vs.

1.P.Sankaranarayanan 2.A.Ramabai 3.K.S.Bharadhi

...Respondents

PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India, to direct the learned III Additional Subordinate Judge, Madurai, to expedite the enquiry in I.A.No.01 of 2024 in O.S.No.1488 of 2022 pending on his file and to conclude the enquiry the same within a time to be fixed by this Court.

For Petitioner : Mr.R.Suriya Narayanan * * * * *

ORDER

This petition has been filed seeking a direction to the learned III Additional Subordinate Judge, Madurai, to expedite the enquiry in I.A.No.01 of 2024 in O.S.No.1488 of 2022 and to conclude the same within a time to be fixed by this Court.

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2. Since no adverse orders are going to be passed against the respondents, notice to the respondents is dispensed with.

3. The petitioner herein is the third petitioner in I.A.No.01 of 2024 before the learned III Additional Sub Judge, Madurai and third plaintiff in O.S.No. 1488 of 2022 before the learned Sub Judge, Madurai. The petitioner and two others have filed O.S.No.1488 of 2022 before the learned Subordinate Judge, Madurai, seeking permanent injunction, restraining the first respondent herein from interfering with the peaceful possession and enjoyment of the suit property. Pending suit, the petitioner and two others have filed I.A.No.1 of 2024, restraining the first respondent herein from in any way altering or changing the structure of suit properties and subletting till the disposal of the suit.

3. Learned counsel appearing for the petitioner would submit that the petitioner is the third plaintiff in O.S.No.1488 of 2022 before the learned Sub Judge, Madurai, seeking permanent injunction and other reliefs. Pending suit, the petitioner herein has filed I.A.No.1 of 2024 before the learned III Additional Sub Judge, Madurai, not to alter the physical features of the suit properties. He would further submit that the above said application is pending for more than one year.

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4. In such view of the matter, this Court is of the considered opinion that without going into the merits of the case, it would be suffice to issue a direction to the learned III Additional Subordinate Judge, Madurai, to complete the case in I.A.No.1 of 2024 within a period of eight (8) weeks from the date of receipt of a copy of this order after affording an opportunity of hearing to the first respondent / defendant.

5. Accordingly, this Civil Revision Petition is disposed of. No costs. 02.06.2025 Internet:Yes/No Index:Yes/No TSG To The III Additional Subordinate Judge, Madurai. Copy to:- The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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M.DHANDAPANI , J.

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