R. Sivasakthi vs Rajamma - 2023 Supreme(Mad) 425

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Mad) 425

S. M. SUBRAMANIAM
R. Sivasakthi – Appellant
Versus
Rajamma – Respondent

Advocates:
Advocate Appeared:
For the Petitioner: Mr.V.Srikanth

ORDER :

Prayer: This Civil Revision Petition is filed under Article 227 of the Constitution of India to pass an order directing the Sub-Court, Uthankarai to dispose the I.A.No.1 in O.S.No.267 of 2022 by fixing a time frame.

The grievance of the revision petitioner is that the Interlocutory Application filed along with the suit in I.A.No.1 of 2022 for the grant of Interim Injunction is yet to be disposed of and is being adjourned periodically.

2.The learned counsel for the petitioner mainly contended that the matter is being adjourned for want of Judge in the particular Court and in this regard, this Court cannot offer any opinion, and on account of a large number of vacancies in the District Judiciary, such problems are crepting and it is to be looked into on the administrative side of the High Court of Madras.

3.As far as the Interlocutory Applications are concerned, once the Trial Court declined to grant such interim order at the time of entertaining the suit, then the High Court cannot again insist the Trial Court to decide the Interlocutory Applications within the time limit or otherwise. The Court concerned, by exercising the power of discretion, has to regulate its own cases on b

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