High CourtsSingle Bench(2018) 01 MAD CK 0358

Jarina Begam & Anr. vs M.Bashira

Madras High Court · Decided on 2 January 2018

HON’BLE JUDGES
J.Nisha Banu
RESULT
Disposed Off
CASE NUMBER
2621 of 2017

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Judgment

16 paragraphs · 318 words
1.

This Civil Revision Petition has been filed to set aside the judgment and decree made in C.M.A.No.1 of 2015, dated 21.07.2015 on the file of

Principal Sub Court, Thanjavur, confirming the order passed by the District Munsif Court, Thanjavur, in I.A.No.477 of 2013 in O.S.No.208 of

2013, dated 09.09.2014.

2.

The petitioners herein are the defendants in the suit instituted by the respondent, wherein, the trial Court, on 09.09.2014, had passed an order of

interim injunction, in I.A.No.477 of 2013 in O.S.No.208 of 2013, restraining the petitioners herein / defendants from constructing the wall,

adjacent to the respondent''s / plaintiff''s house. Aggrieved over the same, the petitioners have preferred C.M.A.No.1 of 2015, before the

Principal Sub Court, Thanjavur, where, the order of the lower Court granting interim injunction, got confirmed by judgment dated 21.07.2015.

Aggrieved thereby, the present revision came to be filed.

3.

When the matter is taken up for hearing today, the learned Counsel for the petitioners would submit that the petitioners are not inclined to press

the prayer, sought for in the present petition, but, instead, seeks a direction for early disposal of the suit proceedings, for which, the learned

Counsel on the other side has no serious objections.

4.

Heard the learned Counsel appearing on both sides and perused the documents placed on record.

5.

Under such circumstances and also taking into account the fact that the suit itself is of the year 2013, this Court, while declining to interfere with

the impugned order, without expressing any opinion on the merits of the case, directs the learned District Munsif, Thanjavur, to dispose of the suit

proceedings in O.S.No.208 of 2013, in the manner known to law, within a period of three months from the date of receipt of a copy of this order.

6.

With the above direction, this civil revision petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.