0.929, Sankarankoil Co-Operative Store Limited, v. Zahir Ahamed

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.02.2023

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR 0.929 Sankarankoil Co-operative Store Ltd., rep., by its Secretary, R.P.Ganesan .. Petitioner/2nd Defendant Vs.

1.Zahir Ahamed 2.Mohamed Sherif ... Respondents 1 and 2 /Plaintiffs 3.The District Collector, Tirunelveli District, Tirunelveli.

... 3rd Respondent/1st Defendant PRAYER : Revision Petition filed under Article 227 of the Constitution of India, to direct the learned Principal District Munsif Court, Sankarankoil to expedite the suit proceedings in O.S.No.211 of 2019 within the stipulated time as this Court may be fixed. For Petitioner : Mr.K.Jeyamohan

ORDER

The present revision petition has been filed by the second defendant in a suit for permanent injunction, not to evict unless by due process of law.

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2. According to the learned counsel appearing for the petitioner, they are a co-operative society and in view of pendency of I.A.No.4 of 2019, which was filed for interim injunction, the trial of the suit has not been taken up.

3. A perusal of the B-diary extract indicates that the interim injunction application is pending from the year 2019 onwards and on the said ground, the trial of the suit has not been taken up.

4. In view of the aforesaid facts, the learned Principal District Munsif, Sankarankovil, is directed to dispose of I.A.No.4 of 2019 on or before 30.04.2023 and thereafter, to conclude the trial in O.S.No.211 of 2019 as expeditiously as possible.

5. With the above observation, the Civil Revision Petition stands allowed. No costs.

22.02.2023 Index :

Yes / No Internet :

Yes / No Rmk 2/4

To The Principal District Munsif, Sankarankoil.

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R.

VIJAYAKUMAR ,J., Rmk Order made in Dated:

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