Disposed

Boominathan, v. Veerarasu

Madras HC4 Oct 2023CRP(MD)/2530/2023

Case brief

AI extract

What is this about?

This civil revision petition under Article 227 of the Constitution of India sought a direction for the speedy disposal of a temporary injunction application pending for over a year in a suit for permanent injunction. The Madurai Bench of the Madras High Court, holding that the delay was unjustifiable, ordered the lower court to complete the inquiry and dispose of the matter within two months.

What did the court decide?

The trial Court is directed to conduct enquiry in I.A.No.102 of 2022 in O.S.No.62 of 2022 and dispose of the same within a period of two months from the date of receipt of copy of this order

Boominathan, Vs Veerarasu — Civil Procedure and Limitation | Madras HC (2023)

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CRP(PD)(MD).No.2530 of 2023

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 04.10.2023

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CORAM

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THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR

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CRP(PD)(MD).No.2530 of 2023

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Boominathan : Petitioner/Plaintiff

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Vs.

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1.Veerarasu

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2.Prabhu : Respondents/Defendants 1 & 2

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PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India, to pass an order of speedy disposal of I.A.No.102 of 2022 in O.S.No.62 of 2022 on the file of the District Munsif cum Judicial Magistrate Court, Orathanadu within a time to be frame stipulated by this Court.

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For Petitioner : Mr.R.Senthil Kumar

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O R D E R

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The Civil Revision Petition has been filed seeking a direction to

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dispose of the petition in I.A.No.102 of 2022 in O.S.No.62 of 2022 on

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https://www.mhc.tn.gov.in/judis 1/4

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CRP(PD)(MD).No.2530 of 2023

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the file of the District Munsif cum Judicial Magistrate Court, Orathanadu, within a stipulated time fixed by this Court.

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Since the revision petition is filed for early disposal of the case, the issuance of notice to the respondents is not necessary.

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The learned counsel for the petitioner would submit that the petitioner has filed the suit in O.S.No.62 of 2022 for permanent injunction restraining the defendant and their men from in any manner interfering with the petitioner's peaceful possession and enjoyment of the suit property and also filed an application for temporary injunction and the same was taken on file in I.A.No.102 of 2022. He would further submit that though the respondents have already filed counter statement, enquiry is yet to be taken and the petition is being adjourned again and again and that therefore, the above said case has to be expedited.

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Considering the above facts and circumstances of the case and also taking note of the fact that the application is pending for more than one year, the trial Court is directed to conduct enquiry in I.A.No.102 of 2022 in O.S.No.62 of 2022 and dispose of the same within a period of two months from the date of receipt of copy of this order.

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https://www.mhc.tn.gov.in/judis 2/4

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CRP(PD)(MD).No.2530 of 2023

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5.With the above observation and direction, the Civil Revision

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Petition is disposed of. No costs.

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04.10.2023

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NCC : Yes/No Index : Yes/No Internet : Yes/No das

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1.The District Munsif cum Judicial Magistrate Court, Orathanadu.

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https://www.mhc.tn.gov.in/judis 3/4

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CRP(PD)(MD).No.2530 of 2023

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K.MURALI SHANKAR, J.

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das

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CRP(PD)(MD).No.2530 of 2023

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04.10.2023

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https://www.mhc.tn.gov.in/judis 4/4

Boominathan, v. Veerarasu

Case brief

What is this about?

What did the court decide?

Boominathan, v. Veerarasu

Case brief

What is this about?

What did the court decide?

What the court decided

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