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Thillai Natarajan vs )Jeyakumar

Madras High Court|07 November, 2017

JUDGMENT / ORDER

This revision petition has been filed for a direction to the District Munsif cum Judicial Magistrate Court, Kodaikanal, to dispose the I.A.No.111 of 2017 in I.A.No.339 of 2016 in O.S.No.84 of 2016 within a time frame to be fixed by this Court.
2.The revision petitioner is the plaintiff in O.S.No.84 of 2016 and the respondents are defendants. The suit was filed for the relief of injunction restraining the defendants from preventing the drainage channel of the plaintiff.
3.Learned counsel for the petitioner submitted that though the Trial Court by order dated 07.01.2017 in I.A.No.339 of 2016 granted injunction, the respondents were preventing the drainage channel. Hence, the petitioner filed I.A.No.111 of 2017 to permit him to remove the compound with the help of court staff or Advocate Commissioner or police official and the learned Judge had failed to decide the said application in a time bound manner and simply adjourned the matter without any reason. It is further submitted that in view of putting the compound in the suit property, the petitioner is put to undue hardship and during rainy season, the running water gets stagnated in his house. Therefore, the petitioner has come up with this revision petition for early disposal of the above interlocutory application.
4.Since it is only a petition seeking direction for early disposal of the interlocutory application, notice to respondents is not necessary.
5.Considering the submissions of the learned counsel for the petitioner, without adverting to the merits of the case, the learned District Munsif cum Judicial Magistrate Court, Kodaikanal, is directed to dispose of I.A.No.111 of 2017 in I.A.No.339 of 2016 in O.S.No.84 of 2016 within a period of eight weeks from the date of receipt of a copy of this order.
With the above direction, this Civil Revision Petition is disposed of. No costs.
To The District Munsif cum Judicial Magistrate Court, Kodaikanal.
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Title

Thillai Natarajan vs )Jeyakumar

Court

Madras High Court

JudgmentDate
07 November, 2017