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Madras High CourtCRP(MD)/1872/2025disposed of

N.Manoharan v. Wilson Ravi Dhassiah

2025-07-07Honourable Mr Justice M.Dhandapani4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.07.2025

CORAM

THE HON'BLE MR. JUSTICE M.DHANDAPANI AND CMP(MD).No.10369 of 2025 N.Manoharan

...Petitioner

Vs.

1.Wilson Ravi Dhassiah 2.R.Joeseph Russel Raj

...Respondents

PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India, to direct the learned Additional District and Sessions Judge, Padmanabhapuram, Kanniyakumari District to dispose the proceedings in I.A.No.3 of 2024 in A.S.No.78 of 2024 on the file of the learned Additional District and Sessions Judge, Padmanabhapuram, Kanniyakumari District, within a stipulated time frame as may be fixed by this Court. For Petitioner : Mr.G.Aravinthan, Aran Legal Consultancy * * * * *

ORDER

This petition has been filed seeking a direction to the learned Additional District and Sessions Judge, Padmanabhapuram, Kanniyakumari District, to dispose of the proceedings in I.A.No.3 of 2024 in A.S.No.78 of 2024 within the time frame to be fixed by this Court.

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2. The first respondent filed a suit in O.S.No.25 of 2013 before the learned Sub Judge, Padmanabapuram, seeking for the relief of declaration, permanent injunction and also mandatory injunction to remove the compound wall. After full fledged trial, the suit came to be decreed on 06.04.2024 in favour of the first respondent and challenging the said decree, the petitioner preferred an appeal suit before the learned District and Sessions Judge, Nagercoil and after numbering, the same was transferred before the learned Additional District and Sessions Judge, Padmanabhapuram and renumbered as A.S.No.78 of 2024. Thereafter, the petitioner filed an application in I.A.No.3 of 2024 under Order XLI Rule 5(1) r/w Section 151 of CPC, seeking to stay the decree for mandatory injunction. However, the same has not been disposed of till date.

3. The learned counsel appearing for the petitioner would submit that this Court may issue a direction to the trial Court to dispose of the case in I.A.No.3 of 2024 in A.S.No.78 of 2024 within a reasonable time frame to be fixed by this 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 Additional District and Sessions Judge, Padmanabhapuram, Kanniyakumari District, to dispose of the proceedings in I.A.No.3 of 2024 in 2/4

A.S.No.78 of 2024 within a period of three months from the date of receipt of a copy of this order.

5. Accordingly, this Civil Revision Petition is disposed of. No costs. Consequently, the connected miscellaneous petition is closed. 07.07.2025 Internet:Yes/No Index:Yes/No TSG To 1.The Additional District and Sessions Judge, Padmanabhapuram, Kanniyakumari District.

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

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M.DHANDAPANI , J.

TSG 07.07.2025 4/4