Allowed

Murugesan v. Balasubramanian

Madras HC15 Dec 2022CRP(MD)/2338/2022

Case brief

AI extract

What is this about?

This Civil Revision Petition under Article 226 sought a direction to the Subordinate Judge, Trichy, to dispose of an injunction application enforceably. The High Court directed the trial court to conclude the matter within four weeks and disposed of the revision petition.

What did the court decide?

Direction to the trial court to conclude I.A. No.1 of 2022 in O.S. No. 643 of 2022 within four weeks from the date of receipt of this order.

Murugesan Vs Balasubramanian — Civil Procedure and Limitation | Madras HC (2022)

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CRP(PD)(MD)No.2338 of 2022

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 15.12.2022

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CORAM:

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THE HONOURABLE MR.JUSTICE B.PUGALENDHI

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CRP(PD)(MD)No.2338 of 2022 and CMP(MD) No.11293 of 2022

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1.Murugesan 2.Vetrivel 3.Cholarajan 4.Deivanai 5.Anjalai 6.Parvathi 7.Subramanian 8.Kulanthaivel

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9.Krishnan

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10.Balu ... Petitioners

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1.Balasubramanian 2.Saravanan 3.Sangilimuthu 4.Shanmugam 5.Chandrasekar 6.Ramesh 7.Bhoomadevi ... Respondents

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1/5

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https://www.mhc.tn.gov.in/judis

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Prayer:

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CRP(PD)(MD)No.2338 of 2022

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Prayer: Petition filed under Article 227 of the Constitution of India, to direct the learned Subordinate Judge, Trichy to dispose of the interlocutory application in I.A.No.1 of 2022 in O.S.No.643 of 2022 pending on its file at the earliest.

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For Petitioners : Mr.S.I.Muthiah For R1, R2 & R3 : No appearance For R4 to R7 : Mr.R.Venkatesan

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O R D E R

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This Civil Revision Petition is filed for an early disposal of I.A.No.1 of 2022 in O.S.No.643 of 2022 on the file of the Subordinate

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Court, Trichy.

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The case of the petitioners is that the petitioners filed a

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suit in O.S.No.643 of 2022 as against the defendants for the relief of declaration and for permanent injunction. Pending the suit, the petitioners also filed I.A.No.1 of 2022 on 27.04.2022 seeking injunction. Though the contesting respondent has entered appearance in the above application, the trial Court has not disposed of. The

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2/5

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https://www.mhc.tn.gov.in/judis

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CRP(PD)(MD)No.2338 of 2022

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grievance of the petitioner is that taking advantage of the pendency of the above application for injunction, the respondents/defendants are taking steps to forcibly dispossess the petitioners from the suit property. According to the petitioner, written statement has also been filed. Hence, a suitable direction may be issued to the Subordinate Judge, Trichy to dispose of I.A.No.1 of 2022 in O.S.No.643 of 2022 at the earliest.

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3.This Court considered the submissions of the learned

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counsel appearing for the petitioners and also perused the materials placed on record.

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4.The suit in O.S.No.643 of 2022 has been filed by the petitioners herein for the relief of declaration and for permanent injunction. Pending the suit, the petitioners also filed I.A.No.1 of 2022, seeking injunction and the same was posted for filing of written

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3/5

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https://www.mhc.tn.gov.in/judis

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CRP(PD)(MD)No.2338 of 2022

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statement on 14.12.2022. Now, it is reported that written statement has also been filed by the defendants.

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5.Considering the limited prayer sought for by these petitioners, this Court is inclined to dispose of this Civil Revision Petition with a direction to the trial Court to conclude I.A.No.1 of 2022 in O.S.No.643 of 2022, within a period of four weeks from the date of receipt of a copy of this order.

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6.Accordingly, this Civil Revision Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.

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15.12.2022 Index : Yes / No. Internet : Yes / No. vrn To The Sub Court, Trichy 4/5

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https://www.mhc.tn.gov.in/judis

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CRP(PD)(MD)No.2338 of 2022

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B.PUGALENDHI, J.

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vrn

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Order made in CRP(PD)(MD)No.2338 of 2022 and CMP(MD) No.11293 of 2022

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15.12.2022

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5/5

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https://www.mhc.tn.gov.in/judis

Murugesan v. Balasubramanian

Case brief

What is this about?

What did the court decide?

Murugesan v. Balasubramanian

Case brief

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