Disposed¶26

R.Mohan v. R.Arivalagan

Madras HC9 May 2025CRP(MD)/1552/2025

Case brief

AI extract

What is this about?

Article 227; expeditious disposal of interlocutory application; time-bound direction to Trial Court; I.A.No.5 of 2025; O.S.No.139 of 2023; suit for permanent injunction; application to restrain further construction; Principal District Munsif, Kulithalai; four-week timeline; opportunity to file counter; no costs; connected C.M.P. closed.

What did the court decide?

Civil Revision Petition disposed of with a direction to the Trial Court to dispose of I.A.No.5 of 2025 in O.S.No.139 of 2023 after providing an opportunity for filing counter, if not already filed, within four weeks from receipt of a copy of the order; no order as to costs; connected miscellaneous petition (C.M.P.(MD).No.7925 of 2025) closed. ¶26

R.Mohan Vs R.Arivalagan — Writ and Judicial Review | Madras HC (2025)

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C.R.P.(MD).No.1552 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 09.05.2025

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CORAM

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THE HONOURABLE MR.JUSTICE M.DHANDAPANI

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C.R.P.(MD).No.1552 of 2025 and C.M.P.(MD).No.7925 of 2025

R.Mohan

.. Petitioner

Vs.

1.R.Arivalagan

2.A.Suguna Devi

3.A.Levin Kumar

.. Respondents

PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, to direct the learned Principal District Munsif, Kulithalai to dispose the IA.No.5/2025 in OS.No.139/2023 on the file of the learned Principal District Munsif, Kulithalai as expeditiously as possible, within time frame as stipulated by this Court.

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For Petitioner : Mr.A.N.Ramanathan

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Page 1 of 4

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

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C.R.P.(MD).No.1552 of 2025

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ORDER

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This Civil Revision Petition is filed seeking to direct the learned Principal District Munsif, Kulithalai to dispose the IA.No.5 of 2025 in O.S.No.139 of 2023 on the file of the learned Principal District Munsif, Kulithalai as expeditiously as possible within time frame as stipulated by this Court.

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The learned counsel appearing for the petitioner would submit that the petitioner is the defendant in O.S.No.139 of 2023, wherein, the plaintiffs have filed a suit for permanent injunction. In the said suit, the petitioner/defendant has filed an application in I.A.No.5 of 2025 to prevent the plaintiffs from putting up further construction. The said application was not disposed of till date, thereby, the present Civil Revision Petition is filed.

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Since no adverse orders are passed against the respondents/plaintiffs, this Court is inclined to issue a direction to the Trial Court to dispose of the application in I.A.No.5 of 2025 in O.S.No.139 of 2023, after providing an opportunity for filing counter, if not already filed, within a period of four (4) weeks from the date of receipt of a copy of this order.

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Page 2 of 4

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

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C.R.P.(MD).No.1552 of 2025

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