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2025 DAILYLAW 29397 (MAD)

S.A. Arulraj v. C. Mathew Jesudoss

CRP/903/2025 · 2025-03-06

P T Asha

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

C.R.P. (PD) No.903 of 2025 IN THE HIGH COURT OF JUDICATURE OF MADRAS DATED: 06.03.2025 CORAM: THE HONOURABLE MS. JUSTICE P.T.ASHA C.R.P. (PD) No.903 of 2025 S.A.Arulraj ...Petitioner Vs C. Mathew Jesudoss ...Respondent PRAYER: Civil Revision Petition filled under Article 227 of Constitution of India to issue suitable direction to the Additional Sub Court, Kancheepuram to dispose the application I.A.No.3 of 2023 in O.S.No.406 of 2023 on the file of the Additional Sub Court, Kancheepuram within the time fixed by this Court. For Petitioner : Mr.K.Sukumaran O R D E R This Civil Revision Petition is filed seeking a direction to the learned Additional Subordinate Judge, Kancheepuram to dispose the application in I.A.No.3 of 2023 in O.S.No.406 of 2023 on the file of 1/4 https://www.mhc.tn.gov.in/judis C.R.P. (PD) No.903 of 2025 the Additional Sub Court, Kancheepuram within a time frame to be fixed by this Court. 2. The respondent in I.A.No.3 of 2023 in O.S.No.406 of 2023 pending on the file of the Additional Subordinate Court, Kancheepuram is the revision petitioner before this Court seeking an early disposal of the aforesaid I.A. 3. It is contended by the learned counsel for the petitioner that on 02.11.2023, the petitioner/respondent had filed an affidavit of undertaking. In this affidavit, the respondent had undertaken to maintain status-quo till the interim application for injunction is disposed of. He had also undertaken to file his counter and prayed that, on the date of filing of his counter, the injunction application could be taken up for hearing. The learned counsel would submit that after having given such an undertaking and both parties having concluded their arguments, the matter was posted on 04.01.2024 “for 2/4 https://www.mhc.tn.gov.in/judis C.R.P. (PD) No.903 of 2025 orders” but the orders are yet to be passed in the said I.A. The undertaking is working to the disadvantage of the petitioner in as much as from 02.11.2023, he is being bound by his own undertaking. 4. Taking into consideration the above submissions and the fact that the learned Additional Subordinate Judge, Kancheepuram had posted the matter 'for orders' on 04.01.2024 after hearing the parties and orders are yet to be pronounced, a direction is issued to the learned Additional Subordinate Judge, Kancheepruam to dispose of I.A.No.3 of 2023 in O.S.No.406 of 2023 within a period of one month from the date of receipt of a copy of this order. No costs. 06.03.2025 Index: yes/no Speaking Order: Yes/No srn To The Additional Sub Court, Kancheepuram P.T.ASHA, J. 3/4 https://www.mhc.tn.gov.in/judis C.R.P. (PD) No.903 of 2025 srn C.R.P. (PD) No.903 of 2025 06.03.2025 4/4 https://www.mhc.tn.gov.in/judis