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Ramanathan and Another Vs. Rengasamy and Others - Court Judgment

LegalCrystal Citation
CourtChennai Madurai High Court
Decided On
Case NumberC.R.P(PD)(MD)No. 2111 of 2016
Judge
AppellantRamanathan and Another
RespondentRengasamy and Others
Excerpt:
.....from the appellate court concerned. in such circumstances, the petitioners have filed the present civil revision petition for the relief stated supra. 3. in view of the submission made by the learned counsel for the petitioners and without expressing any opinion on the merits of the matter and in the interest of justice, this court is inclined to pass the following order: 1. the sub-court,ramanathapuram is directed to dispose of i.a.no.100 of 2015 in a.s.no.19 of 2015, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. 2. thereafter, the appellate court is directed to dispose of the main appeal suit in a.s.no.19 of 2015, on merits and in accordance with law, as expeditiously as possible. 4. with the above directions,.....
Judgment:

(Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, praying this Court to direct Subordinate Judge, Ramanathapuram to expedite the hearing in A.S.No.19 of 2015 and to dispose of the same within the time frame fixed by this Court.)

1. This revision has been filed seeking for a direction to the Subordinate Judge, Ramanathapuram to expedite the hearing in A.S.No.19 of 2015 and to dispose of the same within the time frame fixed by this Court.

2. According to the revision Petitioners, the respondents herein filed a suit in O.S.No.72 of 2009, before the District Munsif Court, Thiruvadanai, seeking permanent injunction not to disturb the revision petitioners from doing the Thiruppani Work and by judgement and decree, dated 31.3.2015, the suit was decreed in favour of the respondents herein. Aggrieved by the same, the Petitioners have preferred an appeal suit in A.S.No.19 of 2015 before the Subordinate Court, Ramanathapuram. In the aforesaid appeal suit, the Petitioners have also filed an application in I.A.No.100 of 2015 under Order 41 Rule 5 of Civil Procedure Code to stay the operation of the lower court decree made in the main suit, till the disposal of the appeal suit and the respondents have also filed their counter statement. The aforesaid application is now pending before the Subordinate Court, Ramanathapuram. In the aforesaid application, the Petitioners have specifically pleaded that the Petitioners were denied their participation in the temple renovation work. The Petitioners were also ex-communicated from their participation in the temple renovation work. Hence, there is an urgency to obtain urgent interim orders from the appellate Court concerned. In such circumstances, the Petitioners have filed the present Civil Revision Petition for the relief stated supra.

3. In view of the submission made by the learned counsel for the Petitioners and without expressing any opinion on the merits of the matter and in the interest of justice, this Court is inclined to pass the following Order:

1. The Sub-Court,Ramanathapuram is directed to dispose of I.A.No.100 of 2015 in A.S.No.19 of 2015, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.

2. Thereafter, the appellate Court is directed to dispose of the main appeal suit in A.S.No.19 of 2015, on merits and in accordance with law, as expeditiously as possible.

4. With the above directions, the Civil Revision Petition is disposed of. No costs.


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