Disposed

M/S Fishermans Cove - Taj v. Harikrishnan

Madras HC28 Nov 2019CRP/2180/2015

Case brief

AI extract

What is this about?

The High Court directed the Subordinate Judge to dispose of a pending first appeal within three months. Simultaneously, the court ordered the continuation of an interim stay on the trial court's mandatory injunction decree until the appeal is concluded.

What did the court decide?

Directed the Subordinate Judge, Tambaram to dispose of A.S.No.28 of 2015 within three months; interim stay continued until disposal.

M/S Fishermans Cove - Taj Vs Harikrishnan — Civil Procedure and Limitation | Madras HC (2019)

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C.R.P.(PD).No.2180 of 2015

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 28.11.2019

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CORAM :

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THE HON'BLE MR. JUSTICE M.DURAISWAMY

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C.R.P.(NPD).No.2180 of 2015 and
M.P.No.1 of 2015
M/s. Fisherman's Cove – Taj Oriental Hotels Limited,
Rep. By its Managing Director,
No.47, Paramount Plaza,
M.g. Road, 3 rd Floor,
Nungambakkam,
Chennai - 600 032. ... Petitioner
v.
1. Harikrishnan
2. Jayavelu
3. The President
Kovalam Panchayat,
Chengalpattu Taluk.
4. The Commissioner,
Thiruporur Panchayat Union,
Thiruporur,
Chengalpattu.
5. The Member Secretary,
Mamallapuram Local Planning Authority,
Chengalpattu.
6. The Tahsildar,
Chengalpet Taluk,
Chengalpattu.

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C.R.P.(PD).No.2180 of 2015

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The District Collector, Kancheepuram.

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M.Sikkandar
9. B. Anbazhagan ... Respondents
Civil Revision Petition filed under Article 227 of the Constitution of India
against the fair and final order dated 02.06.2015 passed in I.A.No.96 of
2015 in A.S.No.28 of 2015 on the file of the Subordinate Judge,
Tambaram.
For Petitioner : Mr.R.Subramanian
For Respondents : Mr.S.Ramesh – for R1 & R2
Mr. N. Parthasarathi
Government Advocate – for R4 to R7
Mr.R.M.Muthukumar – for R3
No Appearance – for R8 & R9
ORDER
Challenging the fair and final order passed in I.A.No.96 of
2015 in A.S.No.28 of 2015 on the file of the Subordinate Court,
Tambaram, the 4 th defendant has filed the above Civil Revision Petition.

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C.R.P.(PD).No.2180 of 2015

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The respondents-plaintiffs filed the suit in O.S.No.3 of 2011

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on the file of the District Munsif Court, Chengalpet, for declaration, permanent injunction, mandatory injunction and for other reliefs. After contest, the Trial Court, decreed the suit, by its Judgment and Decree dated 15.04.2015.

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Aggrieved over the Judgment and Decree passed by the Trial Court, the 4^th defendant preferred an appeal in A.S.No.28 of 2015 before

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the Subordinate Court, Tambaram. In the said appeal, the 4^th defendant also filed an application in I.A.No.96 of 2015 under Order 41 Rule 5 of Civil Procedure Code to stay the operation of the Judgment and decree passed by the Trial Court in O.S.No.3 of 2011 since the Lower Appellate Court has not granted any interim order, the 4^th defendant has filed the above Civil Revision Petition.

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On a perusal of the materials available on record, it is clear

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that the plaintiffs have obtained a decree for mandatory injunction. That being the case, the Lower Appellate Court should have granted an order

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of interim stay, otherwise, the appeal filed by the 4^th defendant would become infructuous.

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C.R.P.(PD).No.2180 of 2015

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This Court, by order dated 11.06.2015, granted an order of

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interim stay, which was subsequently extended and the same is in force till this date.

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In these circumstances, I am of the view that since the appeal in A.S.No.28 of 2015 is pending from 2015, the Lower Appellate Court can be directed to dispose of the appeal within a time frame and till such time, the order of interim stay granted by this Court may be directed to be continued in the First Appeal also.

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Accordingly, I direct the Subordinate Judge, Tambaram, to

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dispose of the appeal in A.S.No.28 of 2015 on merits and in accordance

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with law, within a period of three months from the date of receipt of a

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copy of this order. Till the disposal of the appeal in A.S.No.28 of 2015, there shall be an order of interim stay of the operation of the Judgment and decree passed in O.S.No.3 of 2011 on the file of the District Munsif Court, Chengalpet, in I.A.No.96 of 2015.

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C.R.P.(PD).No.2180 of 2015

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With these observations, the Civil Revision Petition is disposed

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of. No costs. Consequently, the connected Miscellaneous Petition is

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closed.

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28.11.2019
Index : Yes / No
Speaking order / Non Speaking Order
Rj
To
The Subordinate Court,
Tambaram.

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C.R.P.(PD).No.2180 of 2015

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M.DURAISWAMY, J.

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C.R.P.(NPD)No.2180 of 2015
and M.P.No.1 of 2014
28.11.2019

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M/S Fishermans Cove - Taj v. Harikrishnan

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M/S Fishermans Cove - Taj v. Harikrishnan

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