IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 22.09.2017
C O R A M
THE HONOURABLE MR.JUSTICE M. GOVINDARAJ C.R.P.(NPD) No.3591 OF 2017
and C.M.P.No.16870 of 2017 P.Veerappan ... Petitioner Vs.
P.Thangavelu ... Respondent PRAYER: Civil Revision Petition filed under Article 227 of Constitution of India, to direct the First Appellate Court to dispose of I.A.No.997 of 2017 in A.S.No.65 of 2017, pending on the file of the III Additional District Court, Coimbatore, within a stipulated time.
For Petitioner : Mr.V.Raghavachari, for Mr.Ma.P.Thangavel O R D E R The Revision Petitioner is the 3rd defendant in the suit and appellant before the District Court, Coimbatore. The suit was filed for partition and preliminary decree was passed in favour of the first respondent.
2. There is a disputed claim between the parties regarding the possession of the properties. It is the contention of the petitioner that taking advantage of the preliminary decree, the first respondent is interfering with the possession of the petitioner. Therefore, he filed a petition for injunction pending disposal of the appeal. The same is pending. Aggrieved over the delay in disposing of the injunction, the present petition came to be filed.
3. Considering the facts and circumstances of the case and without going into the merits of the case, a direction is issued to the III Additional District Judge, Coimbatore, to dispose of the application in I.A.No.997 of 2017 in A.S.No.65 of 2017 on or before 13.10.2017 and the appeal as well, as expeditiously as possible, in any event not later than four months from the date of receipt of the order copy
4. With the above observations, this Civil Revision Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.
22.09.2017
smn To The III Additional District Judge, Coimbatore.
M. GOVINDARAJ, J.
smn C.R.P.(NPD) No.3591 OF 2017 and C.M.P.No.16870 of 2017 22.09.2017