Disposed

N.Baskar v. J.Arun Prakash

Madras HC12 Aug 2020CRP/1451/2020

Case brief

AI extract

What is this about?

This common order disposed of two Civil Revision Petitions filed under Article 226 and 227 of the Constitution. The Court directed the Trial Court to dispose of a pending interim injunction application by a specific date instead of adjudicating the matter itself.

What did the court decide?

Directed the Trial Court to dispose of the interim injunction application (I.A. No.2 of 2020) on 19.08.2020 or within one week.

N.Baskar Vs J.Arun Prakash — Civil Procedure and Limitation | Madras HC (2020)

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CRP (PD) NOS.1451 AND 1453 OF 2020

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 12.08.2020

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C O R A M

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THE HONOURABLE MR.JUSTICE M. GOVINDARAJ

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CRP (PD) NOS.1451 AND 1453 OF 2020
AND CMP NOS.8365 AND 8368 OF 2020
N.Baskar
M/s.Virgin Manufacturing Industries Pvt. Ltd.,
No.42/1, Co-operative Colony,
Vilankurichi, Kalapatti,
Coimbatore. ... Petitioner
in both CRPs'
Vs.
1.J.Arun Prakash
2.P.Thavasi Raj ... Respondents
1 & 2 in both CRPs'

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PRAYER: Civil Revision Petitions filed under Article 227 of the Constitution of India against the proceedings in I.A.No.2 of 2020 in O.S.No.196 of 2020 and the proceedings in O.S.No.196 of 2020 respectively, on the file of the Subordinate Judge, Pollachi.

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For Petitioner : Mr.A.R.L.Sundaresan Senior Counsel for Ms.AL.Ganthimathi

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For Respondents : Mr.Pravin Ratnam

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http://www.judis.nic.in

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CRP (PD) NOS.1451 AND 1453 OF 2020

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COMMON ORDER

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The first respondent / plaintiff filed a suit in O.S.No.196 of 2020 before the Subordinate Court, Pollachi, for declaration to declare the Lease Agreement dated 16.06.2012 between the the parties is valid and binding on them with a consequential prayer of permanent injunction. The Trial Court

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granted interim injunction in I.A.No.2 of 2020 in O.S.No.196 of 2020 on 15.07.2020.

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The learned Senior Counsel appearing for the petitioner would submit that the petitioner/second defendant has filed a counter affidavit in I.A.No.2 of 2020 in O.S.No.196 of 2020 and the matter is posted on 19.08.2020.

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The learned counsel for the first respondent / plaintiff would also reiterate the statement that the matter is posted on 19.08.2020.

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Instead of calling for the records and dispose of the matter, it is better to direct the Trial Court, to dispose of I.A.No.2 of 2020 itself. Both the counsels have also consented for the same.

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http://www.judis.nic.in

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CRP (PD) NOS.1451 AND 1453 OF 2020

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Accordingly, a direction is given to the Trial Court, namely,

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Subordinate Court, Pollachi, to dispose of I.A.No.2 of 2020 in O.S.No.196 of 2020 on 19.08.2020 or at an early date, preferably within a period of one week from 19.08.2020. In so far as the rejection of plaint is concerned, the petitioner

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is given liberty to work out his remedy before the Trial Court.

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Both the Civil Revision Petitions are disposed of with the above
direction. No costs. Consequently, connected civil miscellaneous petitions are
closed.
12.08.2020
Note: Issue order copy on 14.08.2020
TK
To
The Subordinate Court
Pollachi.

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http://www.judis.nic.in

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CRP (PD) NOS.1451 AND 1453 OF 2020

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M.GOVINDARAJ, J.

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CRP (PD) NOS.1451 AND 1453 OF 2020
AND CMP NOS.8365 AND 8368 OF 2020

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12.08.2020

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http://www.judis.nic.in

N.Baskar v. J.Arun Prakash

Case brief

What is this about?

What did the court decide?

N.Baskar v. J.Arun Prakash

Case brief

What is this about?

What did the court decide?

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