M. Munusamy vs. N. Nallusamy

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.02.2011 CORAM THE HONOURABLE MR.JUSTICE A.SELVAM CIVIL REVISION PETITION No. 275 of 2011

M.Munusamy

.. Petitioner/Petitioner/Plaintiff

Vs.

1.N.Nallusamy 2.P.Selvam 3.K.Nallasamy

4.N.S.N.Educational Trust, represented by its Chairman P.Selvam.

.. Respondents/Respondents/Respondents

Civil Revision Petition has been filed under Article 227 of the Constitution of India praying to direct the District Munsif Court, Karur to dispose of Interlocutory Application No.871 of 2010 in Original Suit No.511 of 2010 within the time stipulated by this Court.

For petitioner : Mrs.N.Krishnaveni

ORDER

This Civil Revision Petition has been filed under Article 227 of the Constitution of India so as to give necessary direction to the District Munsif Court, Karur to dispose of Interlocutory Application No.871 of 2010 in Original Suit No.511 of 2010 as early as possible.

2. It is stated in the revision petition that the revision petitioner herein as plaintiff has instituted Original Suit No.511 of 2010 on the file of the Court below praying to pass a decree of permanent injunction. During pendency of the same, the present petition has been filed in Interlocutory Application No.871 of 2010 so as to get an order of temporary injunction. The Court below has not disposed of the same. Under the said circumstances, for getting necessary direction so as to dispose of Interlocutory Application No.871 of 2010, the present Civil Revision Petition has been filed.

3. The learned counsel appearing for the revision petitioner has contended that the respondents have already filed Civil Revision Petition No.164 of 2011 on the file of this Court, wherein this Court has directed to dispose of Original Suit No.511 of 2010 before the end of June, 2011 and further the lower Court has not inclined to dispose of Interlocutory Application No.871 of 2010 and under the said circumstances, the present Civil Revision Petition has been filed for getting necessary direction.

4. Considering the fact that already this Court has directed the Court below to dispose of Original Suit No.511 of 2010 before the end of June, 2011, it is not possible on the part of this Court to direct the https://hcservices.ecourts.gov.in/hcservices/ pose of Interlocutory Application No.871 of 2010 and further Original Suit No.511 of 2010 has been instituted only for getting the relief of permanent injunction and the present petition in question has also been filed for getting an order of temporary injunction. Considering the nature of the relief sought for in Original Suit No.511 of 2010 also, this Court is of the view that disposal of Interlocutory Application No.871 of 2010 need not be made separately and further till the disposal of Original Suit No.511 of 2010, both parties can be directed to maintain status-quo. With the above observation, this Civil Revision Petition is liable to be disposed of.

5. In fine, this Civil Revision Petition is disposed of on the basis of the observation made earlier. However it is made clear that Original Suit No.511 of 2010, as directed in the order passed in Civil Revision Petition No.164 of 2011, should be disposed of before the end of June, 2011 and till the disposal of Original Suit No.511 of 2010 both parties should maintain status-quo. No costs.

Sd/- Deputy Registrar (W)

/True Copy/

Assistant Registrar

To

The District Munsif, Karur.

• 1 cc to Mrs.N.Krishnaveni, Advocate, SR No.9527

C.R.P(PD)(MD)No.275 of 2011

21.02.2011

smn RJ/1.3.11 2p/3c

https://hcservices.ecourts.gov.in/hcservices/