Rev.N.Peter v. Rev.M.A.Isaac

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.01.2025

CORAM

THE HONOURABLE MRS JUSTICE K. GOVINDARAJAN THILAKAVADI C.R.P(MD)No.85 of 2025 Rev. N. Peter : Petitioner Vs.

1.Rev.M.A.Isaac 2.Rev.S.Yesudhas 3.Rev.Sathiyanesan 4.Rev.Stephen 5.Rev.V.T.Abraham 6.Rev.M.Selvanose 7.Rev.Justin Xaviour 8.Rev. Soundarrajan 9.Rev.B.Samkutty 10.REv.P.Muthiahan : Respondents PRAYER:

Civil Revision Petition is filed under Article 227 of the Constitution of India seeking direction to the learned Principal District Judge of Kanyakumari District at Nagercoil to dispose the I.A.No.1 of 2023 in A.S.No.115 of 2023 within the time frame fixed by this Court. For Petitioner : Mr. S. Rajasekar 1/5

ORDER

This Civil Revision Petition has been filed seeking a direction to the learned Principal District Judge, Kanyakumari District at Nagercoil to dispose the application in I.A.No.1 of 2023 in A.S.No.115 of 2023 within the time frame fixed by this Court.

2. Heard the learned counsel appearing for the petitioner. Since the revision is filed for seeking early disposal, no notice is necessary to the respondents.

3. The learned Counsel appearing for the revision petitioner would submit that the respondents / plaintiffs filed the said suit in O.S.No.262 of 2023 on the file of the learned Principal District Judge, Kanyakumari District at Nagercoil for permanent injunction and the same was decreed. Against which the petitioner herein has filed appeal Suit in A.S.No.115 of 2023 along with stay application in I.A.No.1 of 2023 on the file of the Principal District Judge, Kanyakumari District. He would further submit that even after filing the counter, the said stay application is pending for the past one year without any progress and therefore, the said application 2/5

may be disposed of within the time stipulated by this Court.

4. Having been taken into consideration of the material facts and circumstances, this Court is of the view that in the interest of justice, a direction may be issued to the learned Principal District Judge, Kanyakumari District at Nagercoil to dispose the said application in I.A.No.1 of 2023 in A.S.No.115 of 2023 as expeditiously as possible.

5. Accordingly, this Civil Revision Petition is disposed of with a direction to the learned Principal District Judge, Kanyakumari District at Nagercoil, to dispose the said application in I.A.No.1 of 2023 in A.S.No. 115 of 2023 pending on his file within a period of two months from the date of receipt of a copy of this order on merits and in accordance with law. No costs.

21.01.2025 Index : Yes / No Internet : Yes/ No trp 3/5

To The Principal District Judge of Kanyakumari District at Nagercoil 4/5

K. GOVINDARAJAN THILAKAVADI, J., trp C.R.P(MD)No.85 of 2025 21.01.2025 5/5