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Madras High CourtCRP(MD)/1483/2025disposed of

R.Venkatasamy v. J.Jeyagopai

2025-06-02Honourable Mr Justice M.Dhandapani4 pages

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.1483 of 2025 and C.M.P.(MD).Nos.7475 & 7476 of 2025 1.R.Venkatasamy 2.R.Ashokumar

...Petitioners

Vs.

J.Jeyagopi

...Respondent

PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India, to set aside the judgment and decree dated 29.10.2024 passed in C.M.A.No.14 of 2021 in I.A.No.641 of 2021 in O.S.No.62 of 2021 on the file of the learned Principal Sub Judge, Madurai, by allowing this Civil Revision Petition.

For Petitioners : Mr.S.Velrajan * * * * *

ORDER

This petition has been filed seeking to quash the judgment and decree dated 29.10.2024 passed in C.M.A.No.14 of 2021 in I.A.No.641 of 2021 in O.S.No.62 of 2021 on the file of the learned Principal Sub Judge, Madurai. 1/4

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

3. The respondent herein has filed I.A.No.641 of 2024 in O.S.No.62 of 2021 before the learned Principal District Munsif, Vadipatti, Madurai, seeking temporary injunction against the petitioners herein not to construct any building, staircase in the plaint "B" Schedule property, till the disposal of the suit. The above said petition was allowed by the learned Principal District Munsif, Vadipatti, Madurai on 31.08.2021. Against which, the petitioners herein have filed C.M.A.No.14 of 2021 before the learned Principal Sub Judge, Madurai, seeking to set aside the order passed in I.A.No.641 of 2024 in O.S.No. 62 of 2021 and the same was dismissed on 29.10.2024. Challenging the same, the present Civil Revision Petition has been filed.

3. Learned counsel appearing for the petitioners would submit that the respondent / plaintiff has filed a suit in O.S.No.62 of 2021 on the file of the learned Principal District Munsif, Vadipatti, Madurai, seeking for declaration, mandatory injunction and recovery of possession in the plaint "B" scheduled property. The trial Court ordered an interim injunction as well as status quo vide order dated 31.08.2021 and directed the petitioners herein not to construct anything in the plaint "B" Scheduled property. As against which, the petitioners herein have filed C.M.A.No.14 of 2021 before the learned Principal 2/4

Sub Judge, Madurai and the same was dismissed on 29.10.2024. He therefore requests this Court to issue a direction to the trial Court to dispose of the suit within a reasonable time frame, without interfering with any of the observations made by the trial Court.

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 Principal District Munsif, Vadipatti, Madurai, to complete the case in O.S.No.62 of 2021 within a period of six months from the date of receipt of a copy of this order. If there is any delay in concluding the aforesaid case, liberty is granted to the trial Court to seek an extension by filing a petition before this Court.

5. Accordingly, this Civil Revision Petition is disposed of. No costs. Consequently, the connected miscellaneous petitions are closed. 02.06.2025 Internet:Yes/No Index:Yes/No TSG To The Principal District Munsif, Vadipatti, Madurai. Copy to:- The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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M.DHANDAPANI , J.

TSG C.R.P.(PD)(MD)No.1483 of 2025 02.06.2025 4/4