Madras High CourtCRP(MD)/2082/2022allowed

Karupayee v. Kalimuthu

2022-10-14Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.10.2022

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI and CMP(MD)No.9581 of 2022 Karupayee ... Petitioner versus

1. Kalimuthu

2. Gandhi

3. Rajendran

4. Kamatchi ... Respondents Civil Revision Petition filed under Article 227 of the Constitution of India, seeking a direction to the learned District Munsif, Thiruvadanai, to dispose of I.A.No.164 of 2022 in O.S.No.76 of 2022, pending on its file, within a stipulated time fixed by this Court. For Petitioner : M/s.J.Madhu

ORDER

This Civil Revision Petition is filed seeking a direction to the learned District Munsif, Thiruvadanai, to dispose of I.A.No.164 of 1/4

2022 in O.S.No.76 of 2022, within a time stipulated by this Court.

2. The learned counsel appearing for the petitioner submits that the petitioner herein has filed a suit in O.S.No.76 of 2022 before the District Munsif, Thiruvadanai, seeking permanent injunction against the respondents from interfering her rights in participating in Kumbabeshakam festival of the temple and worshipping in the temple and she has also filed an interlocutory application in I.A.No.164 of 2022 under Order 39 Rules 1 and 2 C.P.C. seeking an order of interim injunction against the respondents.

3. The learned counsel appearing for the petitioner further submits that the said interlocutory application was filed along with the suit in the month of August 2022 and the respondents/defendants have also filed their counter affidavit and enquiry of the petitioner is also over. However, no orders have been passed. He further submits that now, the Kumbabeshakam is scheduled to be held on 28.10.2022 and if 2/4

any order is not passed within that period, the petitioner will be greatly prejudiced. Therefore, he seeks for speedy disposal of I.A.No.164 of 2022 in O.S.No.76 of 2022.

4. Considering the submissions made by the learned counsel appearing for the petitioner and also considering the fact that the Kumbabeshakam is scheduled to be held on 28.10.2022, the Civil Revision Petition is allowed, with a direction to the learned District Munsif, Thiruvadanai, to conclude the enquiry in I.A.No.164 of 2022, if any and pass orders on merits and in accordance with law, on or before 27.10.2022. No costs. Consequently, connected miscellaneous petition is closed.

14.10.2022 ogy Index : Yes / No.

Internet: Yes / No.

Note: Issue order copy today itself (14.10.2022) 3/4

B.PUGALENDHI, J.

ogy To

1. The learned District Munsif, Thiruvadanai.

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