Madras High CourtCRP(MD)/1254/2019disposed of

P.Pandimani v. P.Jeeva

2019-08-02Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.08.2019

CORAM

THE HON'BLE MRS.JUSTICE J.NISHA BANU C.R.P.(MD) No.1254 of 2019 P.Pandi Mani ... Petitioner/2nd Respondent / 2nd Defendant -Vs1.P.Jeeva ...1st Respondent/Petitioner /Plaintiff 2.S.V.Pandurangan ...2nd Respondent/1st Respondent /1st Defendant Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India to expedite the interlocutory application in I.A.No.557 of 2018 in O.S.No.1063 of 2018 on the file of the III Additional Subordinate Court, Madurai.

For Petitioner : Mr.T.R.Jeyapalam

O R D E R

This Civil Revision Petition has been filed seeking a direction to the learned III Additional Subordinate Judge, Madurai to dispose the I.A.No.557 of 2018 in O.S.No.1063 of 2018 within the time stipulated by this Court.

2.The learned counsel for the petitioner would submit that the petitioner is the second respondent in I.A.No.557 of 2018 and the second defendant in the main suit. The first respondent/plaintiff filed a suit in O.S.No.1063 2018 for permanent injunction to restrain the defendants from interfering with her possession and enjoyment of the suit properties and also filed an application in I.A.No.557 of 2018 for ad-interim injunction restraining the respondents therein from interfering with her possession and enjoyment of the suit properties, in which, the trial Court granted an order of status quo. The learned counsel would further submit that the petitioner and the second respondent herein have filed their counter on 11.01.2019. Thereafter, the matter was called on 11.06.2019.

The grievance of the petitioner is that based on the status quo granted by the trial Court in the said I.A., the first respondent/plaintiff was trying to enter into the subject property and damaged the machineries worth about Rs.10,00,000/-. Hence, the petitioner before this Court for early https://hcservices.ecourts.gov.

disposal of I.A.No.557 of 2018 in O.S.No.1063 of 2018.

3. Since this Civil Revision Petition is filed for early disposal of the interlocutory application, no notice is necessary to the respondents herein.

4. Considering the facts and circumstances of the case, this Court feels that ends of justice would be met by directing the Court below to dispose of the interlocutory application within a time frame. Without adverting to the merits of the case, a direction is issued to the learned III Additional Subordinate Judge, Madurai to dispose the I.A.No.557 of 2018 in O.S.No.1063 of 2018 on merits and in accordance with law within a period of four weeks from the date of receipt of a copy of this order.

5. With the above direction, this Civil Revision Petition is disposed of. No costs.

Sd/- Assistant Registrar() // True Copy // Sub Assistant Registrar(CS) msa To, The III Additional Subordinate Judge Madurai.

+1CC TO MR.T.R.JEYAPALAM, Advocate Sr. No. 79604 C.R.P.(MD) No.1254 of 2019 02.08.2019 NS(CO) TR (06.08.2019) 2P 3C https://hcservices.ecourts.gov.in/hcservices/