I.Bhuvaneshwari v. P.Prema

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.07.2023

CORAM

THE HONOURABLE MRS JUSTICE K. GOVINDARAJAN THILAKAVADI 1.Bhuvaneshwari 2.P.Saravanan ... Petitioners / Defendants Vs.

P.Prema ... Respondent / Plaintiff Civil Revision Petition is filed under Article 227 of the Constitution of India, to direct the learned District Munsif, Melur to dispose I.A.No.02 of 2022 and I.A.No.03 of 2022 along with suit in O.S.No.38 of 2022 within a period stipulated by this Court.

For Petitioner : Mr.V.N.Arjun

ORDER

The Civil Revision Petition is filed by the petitioners / defendants for a direction to the learned District Munsif, Melur, to dispose I.A.No.02 of 2022 and I.A.No.03 of 2022 along with suit in O.S.No.38 of 2022 within a period stipulated by this Court.

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2.According to the revision petitioners, the respondent/plaintiff filed a suit in O.S.No.38 of 2022, before the District Munsif Court, Melur, for permanent injunction not to interfere with the peaceful possession and enjoyment of the plaintiff over the suit property. During the pendency of the suit, the respondent/plaintiff filed an application in I.A.No.2 of 2022 for temporary injunction and the petitioners/defendants filed I.A.No.3 of 2022 to appoint the Advocate Commissioner. Both the applications are kept pending without any progress.

3.The learned counsel appearing for the petitioners would submit that both the I.As are being adjourned periodically without any progress and without any reason. Hence, a direction is sought for early disposal of the above I.As within the stipulated time fixed by this Court. 4.Heard the learned counsel appearing for the petitioner and perused the materials available on record.

5.Considering the submissions made by the learned counsel for the petitioners, this Court directs the learned District Munsif, Melur, to dispose the I.A.No.02 of 2022 and I.A.No.03 of 2022 along with suit in O.S.No.38 of 2022 on merits and in accordance with law, as expeditiously 2/4

as possible, without giving unnecessary adjournment, after affording sufficient opportunities to the respective parties to put-forth their contention, within a period of one month from the date of receipt of a copy of this order and also directed the Court below to dispose the suit as expeditiously as possible.

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

26.07.2023 NCC:Yes/No Index:Yes/No Internet:Yes/No Ns To 1.The District Munsif, Melur.

2.The Section Officer, V.R.Section, Madurai Bench of Madras High Court, Madurai.

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K.GOVINDARAJAN THILAKAVADI, J.

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