Disposed

Jayaprakash v. L.R.Munusamy Naidu

Madras HC5 Apr 2023CRP/2645/2019

Case brief

AI extract

What is this about?

This court fixed a trial commencement date for a suit for specific performance pending for nine years. The trial court was directed to conclude the trial within four months without halting the proceedings for rehearing the earlier orders. The revision petitions were closed accordingly.

What did the court decide?

Trial fixed to commence on 07.06.2023; suit to be disposed within four months of trial commencement; Civil Revision Petition and connected miscellaneous petition closed.

Jayaprakash Vs L.R.Munusamy Naidu — Specific Performance | Madras HC (2023)

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C.R.P.(PD).No.2645 of 2019 and C.M.P.No.17470 of 2019

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THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 05.04.2023

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CORAM : MR . JUSTICE N.SESHASAYEE

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C.R.P.(PD).No.2645 of 2019 and C.M.P.No.17470 of 2019

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Jayaprakash ... Petitioner

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Vs.

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L.R.Munusamy Naidu ... Respondent

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Prayer: Petition filed under Section 115 of Civil Procedure Code, seeking to set aside the fair and decreetal order dated 25.10.2018 passed in C.M.A.No.6 of 2016, on the file of the learned Subordinate Judge, Ponneri, filed against the order passed in I.A.No.1841 of 2014 in O.S.No.112 of 2015 on the file of the District Munsif Court, Ponneri, Thiruvallur District.

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For Petitioner : Mr.Sathish Babu for M/s.Swaraj Associates

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For Respondent : Mr.K.Balaji

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ORDER

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In a suit for specific performance, the plaintiff has taken out an application

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for an interim injunction seeking to protect his peaceful possession. This

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

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C.R.P.(PD).No.2645 of 2019 and C.M.P.No.17470 of 2019

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was ordered by the trial Court vide its order dated 17.08.2015, challenging

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which the defendant had preferred C.M.A.No.6 of 2016 before the first appellate Court, which confirmed the order of the trial Court vide its order dated 25.10.2018. This is now in challenge.

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2.Heard both sides.

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3.Without getting into the merit of this matter, this Court finds that this is the 9^th year of the institution of the suit, and it is absolutely imperative that the trial of the suit is not halted in anyway. Therefore, the focus must be more on the trial of the case.

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4.Both sides are required to participate in the trial and the plaintiff / respondent, in particular is required to get ready for trial. This Court fixes a date for commencement of trial by the trial Court on 07.06.2023. The trial Court is required to dispose of the suit within a period of four months from the date of commencement of trial.

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

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C.R.P.(PD).No.2645 of 2019 and C.M.P.No.17470 of 2019

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5.This Civil Revision Petition stands closed accordingly. Consequently, the connected miscellaneous petition is closed. No Costs.

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05.04.2023

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Anu Index : yes / no Internet : yes / no Speaking / non speaking Copy to:

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1.The Subordinate Judge, Ponneri,

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The District Munsif Court, Ponneri, Thiruvallur District

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

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C.R.P.(PD).No.2645 of 2019 and C.M.P.No.17470 of 2019

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N.SESHASAYEE.J.,

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Anu

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C.R.P.(PD).No.2645 of 2019 and C.M.P.No.17470 of 2019

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05.04.2023

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

Jayaprakash v. L.R.Munusamy Naidu

Case brief

What is this about?

What did the court decide?

Jayaprakash v. L.R.Munusamy Naidu

Case brief

What is this about?

What did the court decide?

What the court decided

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