The Civil Revision Petition is filed by the plaintiffs praying to direct the III Additional District Munsif, Puducherry to dispose off the I.A.No.668 of 2009 in O.S.No.309 of 2009 immediately.
2. The revision petitioners, the Plaintiffs filed the suit O.S.No.12 of 2007 for declaration and for permanent injunction. Along with the suit, the plaintiffs also filed I.A.No.678 of 2009 praying interim injunction. The defendants, the respondents filed caveat and they were served notice. On 23.4.2009, defendants/respondents filed vakalat. On 29.4.2009, the court below directed the defendants/respondents to file counter by 5.6.2009. On 17.6.2009 first defendant/first respondent filed counter. On 23.6.2009 written statement was filed in the suit and that was adopted as counter by the second defendant/second respondent. The matter was posted to 9.7.2009 for enquiry. On 20.7.2009, plaintiffs' side enquiry was heard. Thereafter from 24.7.2009, it has been adjourned from time to time for enquiry on the side of the defendants/respondents. As a last chance, it has been posted to 7.9.2009 for defendants'/respondents' side enquiry.
3. The grievance of the revision petitioners is that the I.A.No.678 of 2009 has not been disposed off and is being adjourned from time to time without any reason or cause. The court below has to take into consideration the time limit in disposing off the interlocutory application as provided in the Code of Civil Procedure. The successive adjournment granting time to the defendant/ respondent on the ground of enquiry cannot be justified. In such circumstances, the learned counsel for the revision petitioners state that the revision petitioners/plaintiffs will be satisfied if a direction is issued to the court below to dispose off the I.A.No.678 of 2009 within a time frame.
4. Since the I.A.No.678 of 2009 is adjourned time and again at the stage of defendants/respondents' side for enquiry without just cause, the court below is directed to take up the matter and dispose off the I.A., expeditiously, preferably on or before 30.10.2009, if it is not disposed off in the meanwhile, after affording opportunity to both sides. The Civil Revision Petition ordered accordingly. Consequently, connected miscellaneous Petition is closed.
Office to Note:
Send copy of this order to the The III Additional District Munsif, Puducherry immediately ts To The III Additional District Munsif, Puducherry