1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.02.2011 CORAM THE HONOURABLE MR.JUSTICE A.SELVAM CIVIL REVISION PETITION No.208 of 2011 and MISCELLANEOUS PETITION No.1 of 2011 Fathima Educational Trust with Registration No.327/1987, sitaute at No.404/A1, K.P.Road, Nagercoil represented by its Managing Trustee K.M.Hameed. .. Petitioner Vs. 1.Rajan 2.A.Rajaram 3.Dr.Habeeb Nijjar 4.Ponnappan 5.Elayaperuaml .. Respondents Civil Revision Petition has been filed under Article 227 of the Constitution of India against the fair and decretal order dated 19.11.2010 passed in Interlocutory Application No.1434 of 2010 in Original Suit No.869 of 2004 by the Principal District Munsif Court, Nagercoil. For Petitioner : Mr.M.Kalyanasundaram Senior Counsel for Mr.P.Prabhakaran ORDER The present Civil Revision Petition has been directed against the order passed in Interlocutory Application No.1434 of 2010 in Original Suit No.869 of 2004 by the Principal District Munsif Court, Nagercoil. 2. The revision petitioner herein as plaintiff has instituted Original Suit No.869 of 2004 on the file of the Court below for the relief of perpetual injunction, wherein a petition has been filed under Order XXXIX, Rules 1 and 2 of the Code of Civil Procedure, 1908 in Interlocutory Application No.927 of 2004 and in Interlocutory Application No.927 of 2004, an order of temporary injunction has been granted and the same has been periodically extended. But all of a sudden on 13.07.2006, the said petition filed in Interlocutory Application No.927 of 2004 has been closed and in order to reopen the same, the present petition has been filed in Interlocutory https://hcservices.ecourts.gov.in/hcservices/ 2 Application No.1434 of 2010. The Court below has dismissed the present petition and thereby directed both parties to maintain status-quo till the disposal of Original Suit No.869 of 2004. Against the impugned order passed in Interlocutory Application No.1434 of 2010, the present Civil Revision Petition has been filed. 3. The learned counsel appearing for the revision petitioner has repeatedly contended that in Original Suit No.869 of 2004, an injunction petition has been filed in Interlocutory Application No.927 of 2004, wherein an order of temporary injunction has been granted and the same has been periodically extended, but abruptly the same has been closed on 13.07.2006 and in order to reopen the same, the present petition has been filed, but the Court below has erroneously dismissed the same and thereby directed both parties to maintain status-quo and the plaintiff is nothing, but an educational institution and it has to perform so many activities and under the said circumstances the impugned order passed in Interlocutory Application No.1434 of 2010 is liable to be set aside. 4. It is an admitted fact that Original Suit No.869 of 2004 has been instituted for the relief of perpetual injunction, wherein the present respondents have been shown as defendants. On the basis of the direction given by this Court, the Principal District Munsif Court, Nagercoil has submitted a report, wherein it has been clearly stated that the contesting defendants have already filed written statement and therefore it seems that Original Suit No.869 of 2004 is ripe for trial. 5. It has already been pointed out that Interlocutory Application No.927 of 2004 has been filed for getting an order of temporary injunction, wherein an order of temporary injunction has been granted and the same has been periodically extended. But abruptly the same has been closed on 13.07.2006. The present petition has been filed so as to reopen the petition filed in Interlocutory Application No.927 of 2004. 6. Considering the fact that Original Suit No.869 of 2004 has been instituted for getting the relief of permanent injunction and the same is in the stage of trial and also considering that the petition in Interlocutory Application No.927 of 2004 has been filed only for getting the relief of temporary injunction and the same has been closed abruptly on 13.07.2006, it is needless to say that in the interests of both parties, the Court below can be directed to dispose of Original Suit No.869 of 2004 instead of directing the Court below to reopen Interlocutory Application No.927 of 2004 by way of setting aside the impugned order passed in Interlocutory Application No.1434 of 2010. Under the said circumstances, the Court below can be directed to dispose of the suit filed in Original Suit No.869 of 2004 and altogether the present Civil Revision Petition deserves to be dismissed. https://hcservices.ecourts.gov.in/hcservices/ 3 7. In fine, this Civil Revision Petition deserves dismissal and accordingly is dismissed without costs and the Principal District Munsif Court, Nagercoil is strictly directed to dispose of Original Suit No.869 of 2004 before the end of March, 2011 and report the same to the Registry without fail. The Registry is directed to send a copy of this order forthwith. Consequently, connected Miscellaneous Petition is dismissed. Sd/- Deputy Registrar(LA) /True Copy/ Assistant Registrar To The Principal District Munsif, Nagercoil. Copy to: The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai (For watching report) +1cc to Mr.P.Prabhakaran, Advocate Sr.No.5041 C.R.P(PD)(MD)No.208 of 2011 and M.P(MD)No.1 of 2011 08.02.2011 smn SMA/22.2.2011/4C/3P https://hcservices.ecourts.gov.in/hcservices/