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M. Gnanaraj Pastorate Committee Member, St. George's Church, Madurai Vs. The Chairman Pastorate Committee, St. George's Church, Madurai and Others - Court Judgment

LegalCrystal Citation
CourtChennai Madurai High Court
Decided On
Case NumberC.R.P(PD)(MD)No. 2082 of 2016
Judge
AppellantM. Gnanaraj Pastorate Committee Member, St. George's Church, Madurai
RespondentThe Chairman Pastorate Committee, St. George's Church, Madurai and Others
Excerpt:
.....of 2016 in o.s.no.367 of 2016 on its file, within the time frame fixed by this court.) 1. this civil revision petition is filed seeking a direction to the principal district munsif court, madurai town to expedite the proceedings in i.a.no.522 of 2016 in o.s.no.367 of 2016, on its file, within the time frame fixed by this court. 2. according to the petitioner, the petitioner as plaintiff, has filed a suit in o.s.no.367 of 2016 before the principal district munsif, madurai town, for declaration and for consequential permanent injunction. in the aforesaid suit, the petitioner has filed an application in i.a.no.522 of 2016 for restraining the third respondent from functioning as chief priest of st.george's church, madurai, pending the suit. counter affidavit has also been filed by the.....
Judgment:

(Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, praying this Court to direct the Principal District Munsif Court, Madurai Town to expedite the proceedings in I.A.No.522 of 2016 in O.S.No.367 of 2016 on its file, within the time frame fixed by this Court.)

1. This Civil Revision Petition is filed seeking a direction to the Principal District Munsif Court, Madurai Town to expedite the proceedings in I.A.No.522 of 2016 in O.S.No.367 of 2016, on its file, within the time frame fixed by this Court.

2. According to the Petitioner, the Petitioner as plaintiff, has filed a suit in O.S.No.367 of 2016 before the Principal District Munsif, Madurai Town, for declaration and for consequential permanent injunction. In the aforesaid suit, the Petitioner has filed an application in I.A.No.522 of 2016 for restraining the third respondent from functioning as chief Priest of St.George's Church, Madurai, pending the suit. Counter affidavit has also been filed by the respondents 1 to 3. However, the said I.A was not disposed of till date. According to the Petitioner, there is an urgency in disposing the above said I.A. Hence the Petitioner has come forward with the present Civil Revision Petition for the relief stated supra.

3. Taking into consideration of the submission by the learned counsel for the Petitioner, this Court, without expressing any opinion on the merits of the case, directs the Principal District Munsif, Madurai Town to dispose of I.A.No.522 of 2016 in O.S.No.367 of 2016 within a period of four weeks from the date of receipt of a copy of this order, if there is no other legal impediment in disposing the same. It is needless to say that as per the provisions contained Order 39 Rule 3(a) of C.P.C., the trial Court has to dispose of the interlocutory applications within a period of 30 days from the date of filing of the application. Taking note of the said fact, the trial Court ought to have dispose of the above said interlocutory application within the period aforementioned, on merits and in accordance with law.

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


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