C.R.P.(PD)No.1585 of 2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.08.2022

CORAM :

THE HONOURABLE MS. JUSTICE R.N.MANJULA

C.R.P.(PD)No.1585 of 2022

S.T.Gangadharan

...Petitioner

..Vs.

1.T.Malliga.

2.T.Sarala

... Respondents

Prayer :- Civil Revision Petition filed under Article 227 of Constitution of

India, to order of speedy disposal of the interim application filed in

I.A.No.3 of 2021 in Civil Suit No.12/2021 pending on the file of the

learned District Judge of Chengalpet.

For Petitioner : Mr.V.Balasubramani

For Respondents

: Mr.K.Perumal

O R D E R

This Civil Revision Petition has been preferred seeking a direction

for speedy disposal of I.A.No.3 of 2021 in O.S.No.12 of 2021 pending on

the file of the District Court, Chengalpattu.

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C.R.P.(PD)No.1585 of 2022

2. The revision petitioner is the plaintiff, who has filed the suit in

O.S.No.12 of 2021 for the reliefs of declaration, partition and permanent

injunction. Pending suit, the plaintiff also filed an application in I.A.No.3

of 2021 for seeking temporary injunction for restraining the second

respondent/second defendant from alienating the suit property till the

disposal of the suit.

3. The learned counsel for the revision petitioner submitted that

despite an interlocutory application has been filed in the year 2021, the

same is pending for more than 1 ½ years without any disposal; if the

respondents alienates the suit property before the disposal of the suit that

will cause multiplicity of the proceedings and hence, the learned trial

judge should be directed to dispose the interlocutory application as

expeditiously as possible.

4.The learned counsel for the respondents/defendants submitted

that due to Covid-19 pandemic situation the matter cannot be heard in a

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C.R.P.(PD)No.1585 of 2022

phased manner and the defendants also not going to alienate the suit

property during the pendency of the suit. In that case, a simple

undertaking given by the defendants’ counsel that the property will not

be alienated before the disposal of the suit would be sufficient and the

learned trial Judge can take up the suit itself for disposal.

5.It is reliably learnt that the written statement of the defendants

has already been filed and the matter is posted for framing issues on

15.07.2022. In that event, the learned trial Judge complete the settlement

of issues, the matter itself can be listed for trial and disposed early.

6.In the event of any impossibility for getting an undertaking from

the defendants that they shall not alienate the suit property, the learned

trial Judge shall take a call and dispose the interlocutory application in

I.A.No.3 of 2021 as expeditiously as possible.

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C.R.P.(PD)No.1585 of 2022

7. With these observations, this Civil Revision Petition is disposed

of. There shall be no order as to costs.

02.08.2022

Index:Yes No

Speaking Order:Yes/No

ms

To

The District Judge,

Chengalpet.

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C.R.P.(PD)No.1585 of 2022

R.N.MANJULA, J.

ms

C.R.P.(PD)No.1585 of 2022

02.08.2022

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