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S. Mohamed Abdul Oni Vs. The Co-operative Sub-Registrar/Special Officer, Co-operative Primary Agricultural and Rural Development Bank Limited, Avudaiyarkoil Taluk, Pudukkottai District - Court Judgment

LegalCrystal Citation
CourtChennai Madurai High Court
Decided On
Case NumberCRP (PD) (MD) No.1801 of 2016
Judge
AppellantS. Mohamed Abdul Oni
RespondentThe Co-operative Sub-Registrar/Special Officer, Co-operative Primary Agricultural and Rural Development Bank Limited, Avudaiyarkoil Taluk, Pudukkottai District
Excerpt:
.....without disposing the said injunction application. therefore, the petitioner has filed the present civil revision petition before this court to comply with the provisions contained under order 39 rule 3-a c.p.c, which reads as under: ''3a. court to dispose of application for injunction within thirty days.-- where an injunction has been granted without giving notice to the opposite party, the court shall make an endeavour to finally dispose of the application within thirty days from the date on which the injunction was granted; and where it is unable to do so, it shall records its reasons for such inability.'' further, in the said provision, it has been stated that if the court is unable to do so, it has to record its reasons, for its inability. 3. on a perusal of the petition and order.....
Judgment:

(Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, praying this Court to direct the Sub-Court, Pudukkottai to dispose of the injunction application in I.A.No.324 of 2014 in O.S.No.147 of 2014, within the time frame fixed by this Court.)

1. This revision has been filed seeking for a direction to the Sub-Court, Pudukkottai to dispose of the injunction application in I.A.No.324 of 2014 in O.S.No.147 of 2014, within the time frame fixed by this Court.

2. The Petitioner has filed a suit in O.S.No.147 of 2014 for declaration and for permanent injunction before the Sub-Court, Pudukkottai. In the aforesaid suit, the Petitioner herein has filed I.A.No.324 of 2014 for the relief of interim injunction against the respondent herein. In the said application, notice was given to the respondent on 25.06.2014. Thereafter, on 17.10.2014, the learned counsel appeared for the respondent and matter is posted for counter and disposal on 17.2.2015. Thereafter, time and again the said application has been adjourned by the trial Court without disposing the said injunction application. Therefore, the Petitioner has filed the present Civil Revision Petition before this Court to comply with the provisions contained under Order 39 Rule 3-A C.P.C, which reads as under:

''3A. Court to dispose of application for injunction within thirty days.-- Where an injunction has been granted without giving notice to the opposite party, the Court shall make an endeavour to finally dispose of the application within thirty days from the date on which the injunction was granted; and where it is unable to do so, it shall records its reasons for such inability.''

Further, in the said provision, it has been stated that if the Court is unable to do so, it has to record its reasons, for its inability.

3. On a perusal of the Petition and order copy, no reasons has been stated to adjourn the said application time and again without any progress.

4. In view of the above, considering the fact, the application is of the year 2014 and in the interest of justice, this Court directs the Sub-Court, Pudukkottai to dispose of the injunction application in I.A.No.324 of 2014 in O.S.No.147 of 2014 within a period of eight weeks from the date of receipt of a copy of this order.

5. With the above direction, this Civil Revision Petition is disposed of. No costs.


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