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Madras High CourtCRP(MD)/2055/2019disposed of

Holy Family Church Trust v. The Most Rev.Nazarene Soosai The Bishop

2019-11-14Honourable Mr Justice Krishnan Ramasamy3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.11.2019

CORAM:

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY

1. Holy Family Church Trust Rep. by its President, Mr.M.Jesu Raja Rethnam S/o. Mariya Powel, Little Flower Street, Ramanputhoor, Nagerocoil - 629 004, Nagercoil Village, Agastheeswaram Taluk, Kanyakumari District.

2. Holy Family Church Trust, Rep. by its Secretary, Mr.M.Maria Antony Xavier, S/o. Mariya Mark, Ramanputhoor, Nagercoil - 629 004, Nagercoil Village, Agastheeswaram Taluk, Kanyakumari District.

3. Holy Family Church Trust, Rep. by its Treasurer, Mr.J.Apolin Charles, S/o.Jeganathan, Little Flower Street, Ramanputhoor, Nagercoil - 629 004 Nagercoil Village, Agastheeswaram Taluk, Kanyakumari District.

... Petitioners versus

1. The Most Rev. Nazarene Soosai, The Bishop Kottar R.C.Diocese, Bishop House, Nagercoil - 629 004 Nagercoil Village, Asaripallam Raod, Agasteeswaram Taluk, Kanyakumari District.

2. Rev. Fr. Patrick Xavier, Parish Priest, Holy Family Church, Carmel Nagar, Ramanputhoor, Nagercoil Village, Agasteeswaram Taluk, Kanyakumari District.

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3. Alber M.Mathiarasu

4. D.Juliyan

5. B.Joseph Antony

6. F.Swamidas

7. S.Leone Jesu Retnam

8. G.Michael Antony ... Respondents Civil Revision Petition filed under Article 227 of Constitution of India, seeking a direction to the learned Principal Subordinate Judge, Nagercoil, to expedite the proceedings in O.S.No.135 of 2019 and dispose of the same by passing final Judgment and decree in O.S.No.135 of 2019, within a stipulated time. For Petitioners : Mr.N.Dilip Kumar

ORDER

This Civil Revision Petition has been filed by the revision petitioners, seeking a direction to the learned Principal Subordinate Judge, Nagercoil, to expedite the proceedings in O.S.No.135 of 2019 and dispose of the same, within a stipulated time.

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The learned counsel appearing for the revision petitioners submitted that the revision petitioners filed a suit in O.S.No.135 of 2019 before the Principal Subordinate Judge, Nagercoil, seeking the relief of declaration and permanent injunction. Now, the tenure of revision petitioners is going to be completed in the month of January 2020. Hence, they filed the present Civil Revision Petition seeking a direction to the Court below for early disposal of the suit. The learned counsel further submitted that this Court may also direct the Court below to dispose of the interlocutory applications filed by the revision petitioners.

3. Considering the fact that the tenure of revision petitioners is going to be completed in the month of January 2020, this Court directs the learned Principal Subordinate Judge, Nagercoil, to expedite the proceedings in O.S.No.135 of 2019 and also the interlocutory applications, if any, filed by the revision petitioners and dispose of the same, on merits and in accordance with law, within a period of thirty days from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS) ogy To The Principal Subordinate Judge, Nagercoil.

+1 CC to M/s.N.DILIPKUMAR, Advocate ( SR-98517[F] dated 15/11/2019 ) 14.11.2019 JMN(15.11.2019) 3P : 3C 3/3