The petitioner/first defendant has filed this civil revision petition as against the order dated 11.09.2009 in I.A.No.2085 of 2009 in O.S.No.570 of 2009 passed by the learned I Additional District Munsif, Coimbatore in adjourning the I.A.No.2085 f 2009 to 08.10.2009.
2.To avoid an avoidable delay, the issuance of notice to the respondent is dispensed with.
3.The learned counsel for the revision petitioner/first defendant submits that the trial Court is adjourning the I.A.No.2085 of 2009 to different dates indefinitely without passing necessary orders and that in the interlocutory application, counter has been filed by the first respondent/ plaintiff on 08.10.2009 and from 08.10.2009, I.A.No.2085 of 2009 has been adjourned to 29.10.2009 and from that date the matter now stands slated for enquiry on 08.12.2009 and in the interest of justice, this Court may direct the trial Court to dispose of the I.A.No.2085 of 2009 in O.S.No.570 of 2009 within reasonable time to be determined by this Court.
4.Continuing further, the learned counsel for the revision petitioner/first defendant submits that I.A.No.2085 of 2009 has been filed by the revision petitioner/first defendant under Order 7 Rule 11 of Civil Procedure Code viz., to reject the plaint as the suit filed is not maintainable per se in law. Admittedly, after filing of the written statement by the revision petitioner/first defendant, the revision petitioner/first defendant has projected I.A.No.2085 of 2009 praying to reject the plaint under Order 7 Rule 11 of Civil Procedure Code.
5.A perusal of the plaint filed by the first respondent/plaintiff clearly points out that the main suit has been filed for the relief of permanent injunction restraining the first defendant from receiving the terminal benefit from the second defendant/Government of Tamil Nadu and directing the second defendant restraining from disbursing the terminal benefits of the first defendant etc.
6.In view of the fact that I.A.No.2085 of 2009 is pending ever since August 2009 and taking note of another fact that counter has been filed as early as on 08.10.2009 by the first respondent/plaintiff, this Court, on considering the facts and circumstances of the case in an equitable manner, directs the trial Court to dispose of the I.A.No.2085 of 2009 within a period of two weeks from 08.12.2009 when the same has been posted for enquiry and to report compliance before this Court without fail.
7.With this direction, the Civil Revision Petition is disposed of without costs. The trial Court is directed to dispose of the I.A.No.2085 of 2009 within a period of two weeks from 08.12.2009 when the same has been posted for enquiry.
16.11.2009 Index : Yes/No Internet : Yes/No sgl To I Additional District Munsif Court, Coimbatore.
M.VENUGOPAL,J.
Sgl C.R.P.(NPD).No.3599 of 2009 16.11.2009