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Madras High CourtCRP(MD)/1576/2021disposed of

P. Subramanian, v. Prabhakaran,

2021-10-12Honourable Mrs Justice T.V.Thamilselvi2 pages

CRP(MD)No.1576 and 1577 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.10.2021

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI Civil Revision Petition (MD) Nos.1576 and 1577 of 2021 1.P.Subramanian 2.P.Ramasamy 3.P.Shanmugam 4.M.Subramaniam ... Petitioners/Petitioners/Plaintiffs in both CRPs.

vs 1.Prabhakaran 2.Sadasivam

...Respondents/Respondents/Defendants 3&4

in both CRPs.

Civil Revision Petition filed under Article 227 of the Constitution of India against the frequent adjournments in I.A.Nos.98 & 99 of 2020 in O.S.No.79 of 2020 on the file of Judicial Magistrate-cum-District Munsif, Aravakurichi( prayer in both CRPs). For Petitioner(in both CRPs) :

Mr.M.P.Senthil

O R D E R

The petitioners have approached this Court by way of these revisions seeking a direction to the Judicial Magistrate-cumDistrict Munsif, Aravakurichi to expedite and dispose of the Interlocutory applications in I.A.Nos.98 & 99 of 2020 in O.S.No.79 of 2020 within the time frame to be stipulated by this Court. 2.It is contended by the learned counsel for the revision petitioners that through I.A.Nos.98 & 99 of 2020, they sought injunction not to interfere in the pathway and not to take water from the agricultural well in order to protect the plants in the agricultural lands, he submits that the respondents did not cooperate to dispose of the aforesaid applications and they took several adjournments to file their counter objections. It is further submitted that those lands are cultivated lands and if the water is not permitted to the said lands, the revision petitioners would suffer much hardship, and therefore, they want to dispose of the interlocutory applications expeditiously.

3. The learned counsel for the respondents would admit that the civil suit is pending before the Judicial Magistrate-cum-District Munsif, Aravakurichi.

4.In view of the above, this Court is not inclined to interfere to dispose of the said Interlocutory applications on merits but to https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRP(MD)No.1576 and 1577 of 2021 expedite the same, on considering the request made by the revision petitioners, the Judicial Magistrate-cum-District Munsif, Aravakurichi, is directed to dispose of the I.A.Nos.98 & 99 of 2020 in O.S.No.79 of 2020 on merits and in accordance with law within a period of two weeks from the date of receipt of a copy of this order without giving unnecessary adjournments.

5.

Accordingly, these Civil revision petitions are disposed of. No costs.

Sd/- Assistant Registrar (Per.Admn)/ Vacation Officer // True Copy // / /2021 Sub Assistant Registrar(CS) dn To The Judicial Magistrate-cum-District Munsif, Aravakurichi.

COPY TO:- The Section Officer, V.R.Section, Madurai Bench of Madras High Court, Madurai (2 Copies) +1 CC to M/s.M.P.SENTHIL, Advocate (SR-32000[F] dated 12/10/2021) Civil Revision Petition (MD) No.1576 and 1577 of 2021 12.10.2021 NSN(CO) GC(25.10.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2