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Madras High CourtCRP(MD)/3300/2025allowed

E.J.Davis v. M.Humera

2025-11-11Honourable Mr Justice K.Kumaresh Babu4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 11/11/2025

CORAM

THE HONOURABLE MR. JUSTICE K.KUMARESH BABU E.J.Davis ... Petitioner Vs M.Humera ... Respondent PRAYER :- Civil Revision Petition filed under Article 227 of the Constitution of India to direction directing the learned District Munsif Cum Judicial Magistrate Court, Kodikanal, to expedite the petition in I.A.No.02 of 2025 (Ad-interim injunction Petition) in O.S.No.69 of 2025 and dispose of the same on merits.

For Petitioner : Mr. P.M.Vishnu Varthanan, Advocate.

ORDER

This Civil Revision Petition is filed to direct the learned District Munsif Cum Judicial Magistrate Court, Kodikanal, to expedite the 1/4

petition in I.A.No.02 of 2025 (Ad-interim injunction Petition) in O.S.No. 69 of 2025 and dispose of the same on merits.

2. The application filed by the petitioner for Ad-interim injunction invoking the powers under Order 39 Rule 1 and 2 of CPC filed as early as on 12.08.2025, has still not been disposed of by the Court below. Rule 3 of Order 39 of CPC envisages that before granting an injunction, it is for the Court to direct notice of the application opposite party which has been made by the Court below. Inspite of having notice been received, the matter has been adjourned for filing counter. Originally, the IAs were listed on 06.10.2025 and adjourned to 06.11.2025 for filing counter. It is now intimated that the matter has been again adjourned to file counter on 21.11.2025.

3. In the forgoing circumstances, the learned District Munsif cum Judicial Magistrate No.I, Kodaikanal is directed to dispose of the I.A.No. 2 of 2025 in O.S.No.69 of 2025 within a period of eight weeks from the date of receipt of a copy of this order.

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4. With the above direction, this Civil Revision Petition is allowed. No costs.

11.11.2025 NCC : yes / no Index : yes /no Internet : yes / no pnn To

1. The District Munsif cum Judicial Magistrate No.I, Kodaikanal.

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

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K.KUMARESH BABU, J pnn

ORDER

IN CRP(MD) No.3300 of 2025 Date : 11/11/2025 4/4