The division bench held that a miscellaneous petition filed in 2018 for interim injunction, kept pending without orders until 2020, serves no useful purpose and was therefore closed as it was kept pending for an extended period.
The petition was closed as it was kept pending for a long time without any order rendering no useful purpose if kept pending further.
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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Civil Appellate Jurisdiction )
Tuesday, the Twenty Eighth day of July Two Thousand Twenty
PRESENT
The Hon`ble Mr Justice R.MAHADEVAN CMP No.5123 of 2018 IN AS.NO.348 OF 2017 1 B.KARTHIKEYAN [ PETITIONERS ] 2 B.KOUSHIK Vs 1 S.P.BASKARAN [ RESPONDENTS ] 2 M/S.DHARANI FINANCE LIMITED, PGP HOUSE, NO.57, STERLING ROAD, NUNGAMBAKKAM, CHENNAI-600 034.
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to grant interim ingunction retraining the 2nd Responden from attaching and selling the property in issue and mentioned in schedele hereunder pursuant to Judgement and Decree dated 21st December 2015 in OS.3493/2011 on the file of the VI Additional City Civil Court, Chennai (in CMP.No.5123/2018) pending disposal of the First Appeal 348/2017.
(Xerox copy attached in schedele of property)
Order : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S. GIRIDHAR AND SAI, Advocate for the petitioner and respondents not appearing either in person or by an Advocate the court made the following order:-
ORDER
The learned counsel for the appellant is present. Despite the service of notice and the names of the respondents having been printed in the cause list, there is no representation on behalf of
them.
-sd/-
28/07/2020
/ TRUE COPY /
Sub-Assistant Registrar ( Statistics / C.S. )
High Court, Madras - 600 104.
TO
THE JUDGE
VI ADDITIONAL CITY CIVIL COURT,
CHENNAI.
C.C. to M/S. GIRIDHAR AND SAI Advocate on payment of necessary
charges
The Government Advocate, High Court, Madras - 104.
Order
in
CMP.5123/2018
in AS.NO.348/2018
Date :28/07/2020
From 26.2.2001 the Registry is issuing certified
copies of the Interim Orders in this format
SDR 04/09/2020
1 issue framed by the court
Whether the delayed miscellaneous petition filed in 2018 should be kept pending or closed.
B. KARLHARTIKEYAN
B. KOUSHIK
S. P. BASKARAN
M/S. DHARANI FINANCE LIMITED
R. MAHADEVAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
