1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.01.2011 CORAM THE HONOURABLE MR.JUSTICE A.SELVAM CIVIL REVISION PETITION No.158 of 2011 Soundaravalli .. Petitioner/Plaintiff Vs. 1.P.Gothandapani 2.P.Chidambaram .. Respondents/Defendants Civil Revision Petition has been filed under Article 227 of the Constitution of India against the fair and decretal order dated 04.08.2010 passed in Civil Miscellaneous Appeal No.7 of 2009 by the Principal Sub Court, Thanjavur, dismissing the fair and decretal order dated 15.09.2009 passed in Interlocutory Application No.349 of 2009 in Original Suit No.211 of 2009 by the District Munsif Court, Thanjavur. For Petitioner : Mr.M.Ramasubramanian ORDER This Civil Revision Petition has been preferred against the order passed in Civil Miscellaneous Appeal No.7 of 2009 by the Principal Sub Court, Thanjavur, wherein the order passed in Interlocutory Application No.349 of 2009 in Original Suit No.211 of 2009 by the District Munsif Court, Thanjavur is set aside. 2. The revision petitioner herein as plaintiff has instituted Original Suit No.211 of 2009 on the file of the trial Court for the relief of perpetual injunction, wherein the petition in question has been filed in Interlocutory Application No.349 of 2009 under Order XXXIX, Rules 1 and 2 of the Code of Civil Procedure, 1908 praying to pass an order of temporary injunction and the trial Court has allowed the same. Against the order passed by the trial Court, Civil Miscellaneous Appeal No.7 of 2009 has been preferred on the file of the first appellate Court. 3. The first appellate Court after considering the arguments of both sides and upon reappraising the evidence available on record has allowed Civil Miscellaneous Appeal No.7 of 2009 and thereby set aside the order passed by the Court below in Interlocutory Application No.349 of 2009 and ultimately dismissed the petition filed in Interlocutory Application No.349 of 2009. Against the order passed in Civil Miscellaneous Appeal No.7 of 2009, the present Civil Revision Petition has been preferred. 4. Considering the nature of the relief sought for in Original Suit No.211 of 2009 and also the stage of the suit, notice need not be https://hcservices.ecourts.gov.in/hcservices/ 2 sent to the respondents and the present Civil Revision Petition is disposed of on merits at the stage of admission. 5. The learned counsel appearing for the revision petitioner has contended that in Interlocutory Application No.349 of 2009 in Original Suit No.211 of 2009, the trial Court has rightly granted an order of temporary injunction, but the first appellate Court in Civil Miscellaneous Appeal No.7 of 2009 has erroneously set aside the order passed in Interlocutory Application No.349 of 2009 and therefore the order passed by the first appellate Court is liable to be interfered with. 6. It is an admitted fact that Original Suit No.211 of 2009 has been instituted for the relief of permanent injunction. It is also learnt from the representation made on the side of the revision petitioner that the respondents/defendants have already filed written statement in Original Suit No.211 of 2009 and therefore it seems that Original Suit No.211 of 2009 is ready for conducting trial. Considering the fact that in Original Suit No.211 of 2009, the relief of permanent injunction has been sought for and also considering that the same is ready for conducting trial, this Court is of the view to give necessary direction to the trial Court to dispose of the same as indicated below. 7. In fine, this Civil Revision Petition deserves dismissal and accordingly is dismissed without costs at the stage of admission. However, the District Munsif Court, Thanjavur is strictly directed to dispose of Original Suit No.211 of 2009 before the end of April, 2011 and report the same to the Registry without fail. smn Sd/- Assistant Registrar[P&A] /True copy/ Sub Assistant Registrar To 1.The Principal Subordinate Judge, Thanjavur. 2.The District Munsif, Thanjavur. Copy to: 1. The Sub Assistant Registrar[Judicial] Madurai Bench of Madras High Court, Madurai. 2. The Record Keeper, VR.Section, Madurai Bench of Madras High Court, Madurai. [To send back the records if any] +1 cc to Mr.M.Ramasubramanian, Advocate SR.No.3667. C.R.P(PD)(MD)No.158 of 2011 Dated:28.01.2011 2P/6C RPB 24.03.2011 https://hcservices.ecourts.gov.in/hcservices/