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2024 Supreme(Online)(MAD) 27824

HIGH COURT OF MADRAS
MR. JUSTICE V.LAKSHMINARAYANA, J
ARADHANA POLYMERS – Appellant
Versus
J.KARTHICK – Respondent


Advocates:
Mr. Thyagarajan assisted by Ms.G.Sangeetha

ORDER

This civil revision petition has been filed for direction to the learned District Munsif at Poonamallee to expedite the hearing of O.S. No. 361 of 2022.

2. When the matter came up for admission, I called for a report from the learned Principal District Munsif at Poonamallee on 06.08.2024. The learned Principal District Munsif at Poonamallee has sent a report stating that P.W.1 is yet to mark his side of documents and therefore not less than four months would be required for disposal of the case. At this stage, Mr. Thyagarajan will invite my attention to a memo that has been filed by the defendant in the said suit. The memo reads as follows:-

3. He would add that this memo was rejected by the learned District Munsif on the ground that the suit is not infructuous, since the petitioner is yet to take possession of the property. The e-Court proceedings read as follows:-

4. I went through the plaint and found that the suit itself is for permanent injunction restraining the defendants from evicting the plaintiff except otherwise in due process of law. Mr. Thyagarajan would submit that the defendant never intended to take possession forcibly. On the contrary, he has presented a petition

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