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2012 DIGILAW 3547 (MAD)

Singaram v. Natarajan Asari

2012-08-13

R.S.RAMANATHAN

body2012
Judgment :- 1. This revision is filed under Article 227 of the Constitution of India seeking for a direction directing the District Munsif, Sankari to dispose of the Injunction petition in I.A.No.1341 of 2009 in O.S.No.538 of 2009 within a time frame fixed by this Court. 2. It is submitted by the learned counsel for the revision petitioner that the revision petitioner filed O.S.No.538 of 2009 for injunction and also filed I.A.No.1341 of 2009 for temporary injunction and in that application initially notice was ordered and the respondent entered appearance on 21.12.2009 and the written statement was filed and the same was adopted as counter on 17.2.2010 and the matter is periodically adjourned for enquiry for the past two years. He therefore seeks for a direction as stated above. 3. I have gone through the diary extract filed along with the typed set of papers. It is seen that the written statement was filed even in the year 2010 and it was adopted as a counter on 17.10.2010 and thereafter the case was posted for enquiry and on 24.8.2010 the petitioner's side enquiry was over and Exs. P1 to P10 were marked and the case was adjourned to 3.9.2010 for respondent's side enquiry and thereafter the case was adjourned for enquiry of the respondent for more than two years. The conduct of the District Munsif in periodically adjourning the case for respondent's enquiry is highly condemnable and the Court without any application of mind is mechanically adjourning the case. 4. Hence, the revision is allowed and the learned District Munsif, Perambalur is directed to dispose of I.A.No.1341 of 209 in O.S.No.538 of 2009 within a period of two weeks from the date of receipt of a copy of this order. With the above direction, the Civil Revision Petition is allowed.