1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:13.12.2011 CORAM THE HONOURABLE MR.JUSTICE A.SELVAM CIVIL REVISION PETITION(PD)(MD)No.2047/11 and MP(MD)No.1/11 1.Annamma Kurian 2.Sali Philip :Petitioners -Vs- 1.The District Collector, Kanyakumari District at Nagercoil, Agastteeswaram Taluk, Kanyakumari District. 2.The Tahsildar, Vilavancode Taluk, Kuzhithurai, Vilavancode Village, Kanyakumari District. 3.The Village Administrative Officer, Mancode Village, Ambalakala,Vilavancode Taluk,Kanyakumari District.:Respondents Civil Revision Petition has been filed under Article 227 of the Constitution of India against the fair and decretal order dated 10.12.2009 passed in Civil Miscellaneous Appeal No.19 of 2006 by the Sub Court, Kuzhithurai confirming the fair and decretal order dated 16.03.2006 passed in Interlocutory Application No.781 of 2005 in Original Suit No.386 of 2005 by the First Additional District Munsif Court, Kuzhithurai. For Petitioners:Mr.K.Sreekumaran Nair For Respondents:Mr.S.Chandrasekar, Government Advocate R1 to R3. ORDER The concurrent orders passed in Interlocutory Application No.781 of 2005 in Original Suit No.386 of 2005 by the First Additional District Munsif Court, Kuzhithurai and in Civil Miscellaneous Appeal No.19 of 2006 by the Sub Court, Kuzhithurai are being challenged in the present Civil Revision Petition. 2.The revision petitioners herein as plaintiffs have instituted Original Suit No.386 of 2005 on the file of the trial Court for the relief of perpetual injunction, wherein the present petition has been filed under Order XXXIX, Rules 1 and 2 of the Code of Civil Procedure, 1908 in Interlocutory Application No.781 of 2005 for getting an order of temporary injunction and the trial Court has dismissed the same. Against the dismissal order passed by the trial Court, Civil Miscellaneous Appeal No.19 of 2006 has been preferred on the file of the first appellate Court. The first appellate Court after hearing both sides and upon reappraising the evidence available on record has dismissed Civil Miscellaneous Appeal No.19 of 2006. Against the concurrent orders passed by the Courts below, the present Civil Revision Petition has been preferred at the instance of the petitioners/ plaintiffs as revision petitioners. https://hcservices.ecourts.gov.in/hcservices/ 2 3.Considering the fact that in Original Suit No.386 of 2005, only the relief of permanent injunction has been sought for and also considering that in the present petition only the relief of temporary injunction has been sought for, necessary direction can be given to the trial Court to conduct Original Suit No.386 of 2005 instead of passing a detailed order in the present Civil Revision Petition. With the above observations, this Civil Revision Petition can be disposed of. 4.In fine, this Civil Revision Petition deserves dismissal and accordingly is dismissed without costs and the concurrent orders passed by the Courts below are confirmed and the First Additional District Munsif Court, Kuzhithurai is directed to dispose of Original Suit No.386 of 2005 before the end of February, 2012 without giving much adherence to the observations made in the order passed in Interlocutory Application No.781 of 2005 as well as in the order passed in Civil Miscellaneous Appeal No.19 of 2006 and report the same to the Registry without fail. Consequently, connected Miscellaneous Petition is dismissed. Sd/- Assistant Registrar (T&P) / TRUE COPY / Sub Assistant Registrar To: 1.The Subordinate Judge, Kuzhithurai. 2.The First Additional District Munsif, Kuzhithurai. 3.The District Collector, Kanyakumari District at Nagercoil, Agastteeswaram Taluk, Kanyakumari District. 4.The Tahsildar, Vilavancode Taluk, Kuzhithurai, Vilavancode Village, Kanyakumari District. 5.The Village Administrative Officer, Mancode Village, Ambalakala, Vilavancode Taluk, Kanyakumari District. +1CC to the Special Government Pleader. SR.No.43623. Copy To:The Section Officer, Judicial Department, Madurai Bench of Madras High Court, Madurai. Smn RP/21.12.2011/2P/8C. C.R.P(PD)(MD)No.2047 of 2011 and M.P(MD)No.1 of 2011 13.12.2011 https://hcservices.ecourts.gov.in/hcservices/