IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE: 19-03-2010
CORAM
THE HONOURABLE MR.JUSTICE M.JAICHANDREN
C.R.P.(PD) No.812 of 2010
1.D. Samuvel, .... Petitioner/Proposed the
2.E.Gubenthiran, Defendant 5 to 31
3.P.Selvi,
4.K.Eagavalli
5.Rajapoosanam,
6.N.J.Rosy,
7.N.Nandakumar,
8.T.Govindasamy,
9.A.Deenadayalan,
10.A.Karthikeyan,
11.V.Balan,
12.A.Govindammal,
13.K.Adhikesavan,
14.G.Valli,
15.V.Paulin,
16.D.Vasudevan,
17.N.Manickam,
18.G.Sekar,
19.R.Pushpa Lingam,
20.G.Jayalakshmi,
21.K.Mahendran,
22.D.Ranganayagi,
23.R.Raghupathy,
24.M.Kasinath,
25.M.Rani,
26.V.Eswari,
27.M.Kabali
Versus
1.Govindarajapuram Harijana Nalla ... Plaintiff/
vazhvu Sangam Rep., by its Secretary Respondent/
A.Thirunavukarasu, Respondent
No.13, Ist Cross Street,
Govindarajapuram, Adyar,
Chennai-20.
2.D.Kuppusamy,S/o,Duraisamy, ... Respondents/
Ex-President Defendants/
Respondent Respondents
Harijana Nalla Vazhvu Sangam
No.1, Ist Cross Street,
Govindarajapuram, Adyar,Chennai-20.
3.Mr.Rajendran,S/o,Rajavelu,
Ex-Secretary,
Vazhvu Sangam, No.2, Ist Street,
Govindarajapuram, Adyar,
Chennai-20.
4. Mr.Mahonaran,S/o,Ganesan,
Ex.Trasure,Harijana Nalla
Vazhvu Sangam Rep.,
No.8, Ist Cross Street,
Govindarajapuram, Adyar, Chennai-20.
5.Mr.D.Kumaravel,S/o.Dhamotharan,
Ex-Secretary,
Harijana Nallu Vazhvu Sangam,
No.17, Ist Cross Street,
Govindarajapuram, Adyar, Chennai-20.
Prayer: Petition filed under Article 227 of the Constitution of India against the order of returning the impleading petition passed in I.A.SR.No. 56014/2009 in O.S.1588/2009, dated 29.01.2010 on the file of the Learned VIII Asst.City Civil Court, Chennai.
For Petitioners : Mr.S.Suriyaprakash
For Respondent : C.Umashankar
O R D E R
This Civil Revision Petition has been filed by the petitioners, praying that this Court may be pleased to set aside the order, dated 29.01.2010, made in I.A.SR.No. 56014/2009, in O.S.1588/2009, on the file of the VIII Assistant City Civil Court, Chennai.
2. The learned counsel appearing on behalf of the petitioners had submitted that the learned VIII Assistant Judge, City Civil Court, Chennai had passed an order, dated 29.01.2010, which is as follows:
“This Petition is filed to implead the third party. Taken in open Court. The petitioner’s counsel argued to entertain this petition. This Court already returned this petition on 09.12.2009 itself, inspite of that this petitioner represented this petition. The Hon’ble High Court in CRP.PD.No.3736 of 2008 and M.P.No.1 of 2008 Dated 20.11.2008 order “directed this Court to defer the proceedings till then” So this Petition cannot be taken in to file at this stage. Hence Returned.”
Therefore, the present Civil Revision Petition has been filed by the petitioner, challenging the said order to setaside the order of the learned VIII Assistant Judge, City Civil Court, Chennai , dated 29.01.2010.
3.In view of the avernments made by the learned counsel appearing on behalf of the petitioner and in view of the order passed by the trial Court, this Court had directed that C.R.P.(PD)No.3736 of 2008 to be listed for hearing, along with C.R.P.(PD)No.812 of 2010. The order passed by this Court , dated 13.11.2008, reads as follows:
“Notice of motion returnable by 27.11.2008. Private Notice is also permitted. Learned counsel for the petitioner is permitted to serve notice on the learned counsel appearing for the respondents before the trial Court.
In the mean time, learned VIII Asst.City Civil Court, Chennai is directed to defer the proceedings till then.
Post on 27.11.08.”
4.From a reading the said order, it is clear that the direction issued by this Court, on 13.11.2008, to defer the proceedings, was in effect, only till 27.11.2008. Thereafter, the interim direction issued by this Court had not been continued. Therefore, it is open to the learned VIII Assistant Judge, City Civil Court, Chennai, to receive on file the application filed by the petitioner herein, in I.A.SR.No. 56014 of 2009, in O.S.1588 of 2009, to number the same and to decide the issues arising for consideration, on merits and, in accordance with law, after issuing necessary notice to the respondents in the said application.
With the above directions, this Civil Revision Petition stands closed.
arr
To
1.The VIII Asst.City Civil Court,
Chennai