1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.01.2011 CORAM THE HONOURABLE MR.JUSTICE A.SELVAM CIVIL REVISION PETITION No.111 of 2011 and MISCELLANEOUS PETITION Nos.1 and 2 of 2011 S.Jeyapandi .. Petitioner/Petitioner/Appellant Vs. 1.Alagu Thevar 2.Kaluva Thevar 3.Vairamani .. Respondents/Respondents/Respondents Civil Revision Petition has been filed under Article 227 of the Constitution of India against the order dated 05.01.2011 passed in Interlocutory Application No.447 of 2010 in Civil Miscellaneous Appeal No.55 of 2010 by the Sub Court, Tirumangalam. For Petitioner : Mr.R.G.Shankar Ganesh ORDER This Civil Revision Petition has been directed against the order dated 05.01.2011 passed in Interlocutory Application No.447 of 2010 in Civil Miscellaneous Appeal No.55 of 2010 by the Sub Court, Tirumangalam. 2. The respondents herein as plaintiffs have instituted Original Suit No.81 of 2010 on the file of the District Munsif court, Tirumangalam for the reliefs of declaration and perpetual injunction, wherein the present revision petitioner has been shown as sole defendant. The respondents/plaintiffs as petitioners have filed Interlocutory Application No.161 of 2010 under Order XXIX, Rules 1 and 2 of the Code of Civil Procedure, 1908 praying to pass an order of temporary injunction and the same has been allowed. Against the order passed in Interlocutory Application No.161 of 2010, the revision petitioner as appellant has preferred Civil Miscellaneous Appeal No.55 of 2010, wherein Interlocutory Application No.447 of 2010 has been filed for getting an order of temporary injunction and in which an order of status-quo has been passed and subsequently the same has been vacated on 05.01.2011. Against the order dated 05.01.2011 passed in Interlocutory Application No.447 of 2010 in Civil Miscellaneous appeal No.55 of 2010, the present Civil Revision Petition has been preferred. 3. Considering the nature of the order passed in Interlocutory Application No.447 of 2010 in Civil Miscellaneous Appeal No.55 of 2010 on 05.01.2011, notice need not be sent to the respondents and the present Civil Revision Petition is disposed of on merits at the stage of admission only on the basis of the representation made on the side of the revision petitioner. 4. The learned counsel appearing for the revision petitioner has contended that in Interlocutory Application No.447 of 2010, the Court below has initially passed an order to the effect that both parties should maintain status-quo and subsequently the same has been vacated and under https://hcservices.ecourts.gov.in/hcservices/ 2 the said circumstances the present Civil Revision Petition has been preferred. 5. It is an admitted fact that Original Suit No.81 of 2010 has been instituted for the reliefs of declaration and perpetual injunction and in Interlocutory Application No.161 of 2010, an order of temporary injunction has been passed against the revision petitioner and against which Civil Miscellaneous Appeal No.55 of 2010 has been preferred on the file of the Court below and the same is pending. During pendency of the same, in Interlocutory Application No.447 of 2010, an order of status-quo has been passed and subsequently the same has been vacated. 6. Considering the fact that Civil Miscellaneous Appeal No.55 of 2010 has been preferred against the order passed in Interlocutory application No.161 of 2010, this Court is of the view to direct the Court below to dispose of Civil Miscellaneous Appeal No.55 of 2010 as indicated below and altogether the present Civil Revision Petition deserves to be dismissed. 7. In fine, this Civil Revision Petition deserves dismissal and accordingly is dismissed without costs at the stage of admission. The Sub Court, Tirumangalam is strictly directed to dispose of Civil Miscellaneous Appeal No.55 of 2010 before 14.02.2011. Both parties should maintain status-quo and both parties are strictly directed to give their unstinted support for disposing of Civil Miscellaneous Appeal No.55 of 2010. The Court below is directed to report the factum of disposal to the Registry without fail. Consequently, connected Miscellaneous Petitions are dismissed. Sd/- Assistant Registrar(P & A) /True copy/ Sub Assistant Regsitrar(CS) To 1.The Subordinate Judge, Tirumangalam. 2.The District Munsif, Tirumangalam. 3.The Section Officer, Judicial Department, Madurai Bench of Madras High Court, Madurai. (for watching report) smn C.R.P(PD)(MD)No.111 of 2011 and M.P(MD)Nos.1 and 2 of 2011 22.01.2011 TR : 01.02.2011 : 2p/4c https://hcservices.ecourts.gov.in/hcservices/