Madras High CourtCRP(MD)/2338/2022disposed of

Murugesan v. Balasubramanian,

2022-12-15Honourable Mr Justice B.Pugalendhi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.12.2022

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI CRP(PD)(MD)No.2338 of 2022 and CMP(MD) No.11293 of 2022 1.Murugesan 2.Vetrivel 3.Cholarajan 4.Deivanai 5.Anjalai 6.Parvathi 7.Subramanian 8.Kulanthaivel 9.Krishnan 10.Balu ... Petitioners Vs 1.Balasubramanian 2.Saravanan 3.Sangilimuthu 4.Shanmugam 5.Chandrasekar 6.Ramesh 7.Bhoomadevi ... Respondents 1/5

Prayer: Petition filed under Article 227 of the Constitution of India, to direct the learned Subordinate Judge, Trichy to dispose of the interlocutory application in I.A.No.1 of 2022 in O.S.No.643 of 2022 pending on its file at the earliest.

For Petitioners : Mr.S.I.Muthiah For R1, R2 & R3 : No appearance For R4 to R7 : Mr.R.Venkatesan

O R D E R

This Civil Revision Petition is filed for an early disposal of I.A.No.1 of 2022 in O.S.No.643 of 2022 on the file of the Subordinate Court, Trichy.

2. The case of the petitioners is that the petitioners filed a suit in O.S.No.643 of 2022 as against the defendants for the relief of declaration and for permanent injunction. Pending the suit, the petitioners also filed I.A.No.1 of 2022 on 27.04.2022 seeking injunction. Though the contesting respondent has entered appearance in the above application, the trial Court has not disposed of. The 2/5

grievance of the petitioner is that taking advantage of the pendency of the above application for injunction, the respondents/defendants are taking steps to forcibly dispossess the petitioners from the suit property. According to the petitioner, written statement has also been filed. Hence, a suitable direction may be issued to the Subordinate Judge, Trichy to dispose of I.A.No.1 of 2022 in O.S.No.643 of 2022 at the earliest.

3.This Court considered the submissions of the learned counsel appearing for the petitioners and also perused the materials placed on record.

4.The suit in O.S.No.643 of 2022 has been filed by the petitioners herein for the relief of declaration and for permanent injunction. Pending the suit, the petitioners also filed I.A.No.1 of 2022, seeking injunction and the same was posted for filing of written 3/5

statement on 14.12.2022. Now, it is reported that written statement has also been filed by the defendants.

5.Considering the limited prayer sought for by these petitioners, this Court is inclined to dispose of this Civil Revision Petition with a direction to the trial Court to conclude I.A.No.1 of 2022 in O.S.No.643 of 2022, within a period of four weeks from the date of receipt of a copy of this order.

6.Accordingly, this Civil Revision Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. 15.12.2022 Index : Yes / No.

Internet : Yes / No.

vrn To The Sub Court, Trichy 4/5

B.PUGALENDHI, J.

vrn Order made in CRP(PD)(MD)No.2338 of 2022 and CMP(MD) No.11293 of 2022 15.12.2022 5/5