Madras High CourtCRP(MD)/245/2024disposed of

N.Prabhakaran v. T.Priya

2024-02-06Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.02.2024

CORAM:

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR N.Prabhakaran cause title is accepted and Priyanka is recognized as power agent on behalf of the petitioner N.Prabhakaran vide common order dated 02.01.2024 made in CMP(MD)Nos.17587 & 17588 of 2023 in CRP(MD)SR.No.80518 of 2023 through his Power of Attorney Priyanka W/o.N.Prabhakaran ... Petitioner Vs.

1. T.Priya

2. The Authorized Officer, Visu Leasing and Finance (P) Ltd., I Floor, OMS Court No.1, Nadhamuni Street, T.Nagar, Chennai - 600 017.

... Respondents Prayer : This Civil Revision Petition filed under Article 227 of the Constitution of India, to direct the Additional District Court, Dindigul to expeditiously dispose the Interlocutory Application in I.A.No.1 of 2023 in O.S.No.217 of 2023 pending before him and allow this Civil Revision Petition.

For Petitioner : Mr.I.Robert Chandrakumar 1/4

ORDER

The Civil Revision Petition has been filed seeking a direction to dispose of the application in I.A.No.1 of 2023 in O.S.No.217 of 2023, pending on the file of the Additional District Court, Dindigul, within a specified time fixed by this Court.

2. I have heard the learned counsel appearing for the revision petitioner. Since the revision petition is filed for early disposal of the case, the issuance of notice to the respondents is not necessary.

3. The revision petitioner as plaintiff has filed the above suit for partition and for allotment of share and for declaring that the mortgage deed dated 28.02.2018 as null and void and for permanent injunction.

4. The learned counsel appearing for the revision petitioner would submit that along with the plaint they have also filed an application for temporary injunction under Order 39 Rule 1 and 2 C.P.C. and the same was taken on file in I.A.No.1 of 2023, that the respondents have already 2/4

filed counter and that the learned trial Judge has been adjourning the case again and again without conducting any enquiry.

5. Considering the facts and circumstances and also taking note of the submissions made by the learned counsel appearing for the revision petitioner, the learned Additional District Judge, Dindigul, is hereby directed to conduct enquiry in I.A.No.1 of 2023 in O.S.No.217 of 2023 and dispose of the same within a period of two months from the date of receipt of a copy of this order.

6. With the above observation and direction, the Civil Revision Petition is disposed of. No costs.

06.02.2024 NCC :yes/No Index :yes/No Internet:yes/No csm To

1. The Additional District Court, Dindigul.

2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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K.MURALI SHANKAR ,J.

csm Order made in Dated : 06.02.2024 4/4