Madras High CourtCMA(MD)/1041/2021closed

M.Salaikumar v. T.S.S.Shanmugam

2021-11-29Honourable Mrs Justice S.Ananthi (Retd.)2 pages

C.M.A.(MD)No.1041 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.11.2021 CORAM :

THE HONOURABLE MRS.JUSTICE S.ANANTHI C.M.A.(MD)No.1041 of 2021 and C.M.P(MD)No.9856 of 2021 M.Salaikumar ...Appellant Vs.

1.Dr.T.S.S.Shanmugam 2.S.Thiraviyam 3.S.Thiruvengada Subramanian 4.K.Subbaiah 5.Jasmine

...Respondents

PRAYER: Civil Miscellaneous Petition is filed under Section 104 and Order 43 Rule 1 of Civil Procedure Code, 1908, to set aside the fair and decreetal order, dated 17.09.2021 passed in I.A.No.1 of 2019 in O.S.No.25 of 2019 on the file of the I Additional District Judge, Tirunelveli and allow the present Civil Miscellaneous Appeal. For Appellant : Mr.R.M.Suresh

ORDER

This Civil Miscellaneous Appeal has been filed to set aside the fair and decreetal order, dated 17.09.2021 passed in I.A.No.1 of 2019 in O.S.No.25 of 2019 on the file of the learned I Additional District Judge, Tirunelveli.

2.The said I.A.No.1 of 2019 in O.S.No.25 of 2019 was filed by the respondents 1 to 4 under Order 39 Rule 1 & 2 for temporary injunction, which was granted by the learned I Additional District Judge, Tirunelveli. Aggrieved by this order, the appellant/first respondent has filed this Civil Miscellaneous Appeal. 3.Since the suit was filed in the year 2019, without going into the merits of the case, this Court directs the the learned I Additional District Judge, Tirunelveli to dispose of the suit in O.S.No.25 of 2019 within a period of four months from the date of receipt of a copy of this order.

4. With the above direction, the Civil Miscellaneous Appeal stands disposed of. No costs. Consequently connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS III) // True Copy // / /2022 Sub Assistant Registrar(CS) vsd https://hcservices.ecourts.gov.in/hcservices/ 1/2

C.M.A.(MD)No.1041 of 2021 Note:In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate/litigant concerned.

To 1.The I Additional District Judge, Tirunelveli

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

+1 CC to M/s.R.M.SURESH, Advocate ( SR-36344[F] dated 29/11/2021 ) C.M.A.(MD)No.1041 of 2021 and C.M.P(MD)No.9856 of 2021 29.11.2021 MGJ(05.01.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2