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2010 DIGILAW 1179 (MAD)

G. Gnanatheepan & Another v. S. Thakkies & Another

2010-03-22

M.JAICHANDREN

body2010
Judgment :- 1. This Civil Revision Petition has been filed praying that this Court may be pleased to set aside the order, dated 17.11.2009, made in I.A.No.3089 of 2005, in O.S.No.719 of 2005, and to direct the learned District Munsif, Alandur, to dispose of the suit, in O.S.No.719 of 2005, within a specified period. 2. The learned counsel for the petitioners had stated that the petitioners had filed the suit, in O.S.No.719 of 2005, on the file of the District Munsif Court, Alandur, praying for the relief of a bare injunction. They had also filed an interlocutory application in the said suit, seeking temporary injunction to protect their interests, in respect of the suit property. The learned District Munsif, Alandur, had been adjourning the matter on a number of occasions, without disposing of the interlocutory application, without having good reasons to do so. It has been submitted that the interlocutory application had been adjourned on more than hundred occasions. 3. The learned counsel appearing on behalf of the petitioners had also submitted that the suit, in O.S.No.719 of 2005, is ripe for final hearing. Therefore, he had prayed that this Court may be pleased to direct the learned District Munsif, Alandur, to take up the suit, in O.S.No.719 of 2005, and to dispose it of, on merits and in accordance with law, within a specified time, as prescribed by this Court. 4. The learned counsel appearing on behalf of the respondents had no objection for this Court directing the learned District Munsif, Alandur, to dispose of the suit, in O.S.No.719 of 2005, at an early date. However, she had submitted that there are similar suits, relating to the property in question, pending on the file of the District Munsif Court, Alandur, filed in the year, 2008 and therefore, the said suits may also be heard and disposed of, along with O.S.No.719 of 2005. She had also stated that certain proceedings had also been initiated by the Revenue Divisional Officer, Chengalpet, in respect of the property in question. Further, a suit in O.S.No.739 of 2009, is also pending on the file of the District Munsif Court, Alandur. In such circumstances, it would be appropriate for this Court to pass an order to hear all the suits together, so that there would not be conflicting decisions. Further, a suit in O.S.No.739 of 2009, is also pending on the file of the District Munsif Court, Alandur. In such circumstances, it would be appropriate for this Court to pass an order to hear all the suits together, so that there would not be conflicting decisions. She had also submitted that certain transfer civil miscellaneous petitions are also pending before this Court relating to the suits, wherein, common issues are involved. 5. In view of the averments made on behalf of the parties concerned and on a perusal of the records available, this Court is of the considered view that it would be appropriate for this Court to direct the learned District Munsif, Alandur, to hear and dispose of O.S.No.719 of 2005, on merits and in accordance with law, as expeditiously as possible, not later than four months from the date of receipt of a copy of this order. The Civil Revision Petition is ordered accordingly. No costs. Consequently, connected miscellaneous petition is closed.