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2022 Supreme(Online)(MAD) 16425
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 23.08.2022 CORAM:
THE HONOURABLE MS.JUSTICE R.N.MANJULA C.R.P. (PD) Nos.2624 & 2625 of 2022 D.Prakash ... Petitioner /
Plaintiff [in both CRPs]
versus P.Palaniammal ... Respondent /
3rd Defendant [in CRP.No.2624/2022]
The Sub Registrar, Office of the Sub Registrar, Magudanchavadi, Sankari Taluk, Salem District. ... Respondent /
5th Defendant [in CRP.No.2625/2022]
COMMON PRAYER: Civil Revision Petitions have been filed under Article 227 of the Constitution of India, to direct the Subordinate Judge, Sankari, to dispose of I.A.Nos.5 and 6 of 2020 in O.S.No.102 of 2020 within a stipulated period.
For Petitioner : Mr.K.Selvaraj [in both CRPs]
For Respondent : Mr.E.Vijay Anand [in CRP.No.2625/2022] Additional Government Pleader
C O M M O N O R D E R
These Civil Revision Petitions have been filed seeking for a direction to the learned Subordinate Judge, Sankari, for speedy disposal of the Interlocutory Applications in I.A.Nos.5 and 6 of 2020 in O.S.No.102 of
2020.
2. The revision petitioner is the plaintiff, who has filed the suit against the respondents / defendants for declaration, partition and permanent injunction. During the pendency of the suit, he has filed two Interlocutory Applications in I.A.No.5 and 6 of 2020 for temporary injunction restraining the third defendant from alienating the suit property pending suit and another temporary injunction restraining the fifth defendant from registering any documents of conveyance with regard to the suit property.
3. The learned counsel for the revision petitioner submitted that despite the suit was filed in the year 2020 and the applications have also been filed along with the suit, the learned trial Judge has not taken up the petitions for enquiry and the respondents are making attempts to alienate the suit property, if they alienates the suit property pending suit that will affect his interest and it will further create third party interest.
4. On perusal of the adjudication status, it is seen that the case has been adjourned for filing written statement. The learned trial Judge has given a time from 05.10.2021 to 01.08.2022 for filing written statement. Even though it might take some time to try the case, it will be appreciable if the learned trial Judge disposes the Interlocutory Applications at the earliest by taking into consideration of the urgency involved.
5. In the result, these Civil Revision Petitions are disposed of and the learned Subordinate Judge, Sankari, is directed to dispose the Interlocutory Applications in I.A.Nos.5 and 6 of 2020 in O.S.No.102 of 2020 as expeditiously as possible preferably within a period of two weeks from the date of receipt of a copy of this order. No costs.
23.08.2022 Speaking order / Non-speaking order Index : Yes / No Internet : Yes sri To
1.The Subordinate Judge, Sankari.
2.The Sub Registrar, Office of the Sub Registrar, Magudanchavadi, Sankari Taluk, Salem District.
R .N.MANJULA, J.
sri
23.08.2022
