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2010 DIGILAW 4901 (MAD)

Muthammal & Others v. Jayamurthy & Another

2010-11-03

M.JAICHANDREN

body2010
Judgment :- 1. This Civil Revision Petition has been filed to direct the District Munsif, Attur, to dispose of I.A.No.1132 of 2009, in O.S.No.297 of 2009. 2. The learned counsel appearing on behalf of the petitioners had stated that the petitioners in the present civil revision petition, are the plaintiffs in the suit, in O.S.No.297 of 2009, on the file of the District Munsif Court, Attur. The suit, in O.S.No.297 of 2009, had been filed by the plaintiffs, praying for the relief of permanent injunction restraining the defendants therein and their men, from in any way, interfering with the plaintiffs peaceful possession and enjoyment of the suit property. It has also been stated that the plaintiffs had filed, I.A.No.1132 of 2009, along with the said suit, praying for an interim injunction, restraining the defendants therein from interfering with the peaceful possession of the property in question. 3. The learned counsel appearing on behalf of the petitioners had further stated that an Advocate Commissioner had also been appointed by the trial Court to note the physical features of the property in question. The advocate Commissioner had filed a report, along with the sketch, before the trial Court, on 18.9.2009. However, the learned District Munsif, (in-charge), Attur, had been adjourning the I.A.No.1132 of 2009, on several occasions, without taking it up for hearing and disposal. Finally, he had listed the said interlocutory application, to be heard, on 16.6.2010. 4. It had also stated that the respondents are attempting to put up a building in the property in question, since, there is no order of interim injunction passed by the learned District Munsif, Attur. Hence, the present civil revision petition has been filed, praying for a direction to direct the learned District Munsif, Attur, to dispose of the application in I.A.No.1132 of 2009, at an early date. 5. In view of the submissions made by the learned counsel appearing for the petitioners, this Court is of the considered view that it would suffice if it is made clear that it would be open to the petitioners to move the learned District Munsif, Attur, for an early hearing of I.A.No.1132 of 2009, in accordance with law. 5. In view of the submissions made by the learned counsel appearing for the petitioners, this Court is of the considered view that it would suffice if it is made clear that it would be open to the petitioners to move the learned District Munsif, Attur, for an early hearing of I.A.No.1132 of 2009, in accordance with law. It is also made clear that once such a request is made by the petitioners, it is for the learned District Munsif, (in-charge), Attur, to consider the request of the petitioners and to pass appropriate orders thereon, as expeditiously as possible, after hearing the respondents. The civil revision petition stands ordered accordingly. No costs. Consequently, connected M.P.No.1 of 2010 is closed.