The single-judge High Court of Madras disposed of a Civil Revision Petition under Article 226 directing the trial court to dispose of the underlying O.S. No. 8 of 2015 expeditiously, preferably within six months, given the stage of the suit and an active interim injunction.
Direction to the trial court to dispose of the suit within six months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.11.2017
CORAM :
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
CRP (PD) No.4053 of 2017
and
C.M.P. No.18953 of 2017
1. Selvaraj
2. Thirumurugan
3. Thangadurai
4. Mariappan
5. Sivakumar
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Prayer:- The Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the fair and final order dated 07.04.2017 made in CMA No.1 of 2016 on the file of the Principal Subordinate Court, Salem confirming the fair and final order dated 11.08.2015 in I.A. No.11 of 2015 in O.S. No.8 of 2015 on the file of the I Additional District Munsif Court, Salem and pass such further orders.
For Petitioners : Mr. K. S. Karthik Raja For Respondents : Mr. V. Regunathan ORDER
This Civil Revision Petition is filed against the fair and final
order dated 07.04.2017 made in CMA No.1 of 2016 on the file of the Principal Subordinate Court, Salem confirming the fair and final order dated 11.08.2015 in I.A. No.11 of 2015 in O.S. No.8 of 2015 on the file
of the I Additional District Munsif Court, Salem.
the respondents have filed the suit in O.S. No. 8 of 2015 before the 1st
Additional District Munsif Court, Salem. The trial court granted an
order of interim injunction in favour of the plaintiffs/ respondents. Aggrieved by the same, the petitioners herein filed an appeal in C.M.A No. 1 of 2016 before the Principal Subordinate Judge, Salem. The said
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appeal was also dismissed by the Appellate Court. Challenging the
same, the present revision petition is filed.
to appreciate the case of the revision petitioners. It is the submission
of the petitioners that granting of interim orders pending the suit,
would affect the right of the petitioners over the suit properties. The
learned counsel for the petitioners submitted that now the suit has
been taken up for trial and is posted for cross examination of PW-1.
parties and the stage of the suit, wherein the plaintiffs have been examined and the suit is posted for cross examination of PW-1 and the
respondents has obtained interim injunction on 11.08.2015 and the same is in force, in the interest of both the parties, this Court is
http://www.judis.nic.in inclined to direct the trial court to dispose of the suit in O.S. No. 8 of
2015, as expeditiously as possible, preferably within a period of six
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months from the date of receipt of a copy of this order. On
instructions, the learned counsel for both the parties undertake to co-
operate with the proceedings, for early disposal of the suit.
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D.KRISHNAKUMAR,J.
avr
CRP (PD) No.4053 of 2017
and
C.M.P. No.18953 of 2017
17.11.2017
1 issue framed by the court
Whether the trial court should be directed to expedite the disposal of the underlying suit where an interim injunction is in force.
Selvaraj and others
Sampooranam and P. Ganesh
D.Krishnakumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
