LAWS(MAD)-2020-1-149

THIMOTHY RAVINDER Vs. ARUMAIMANI SAM

Decided On January 13, 2020
Thimothy Ravinder Appellant
V/S
Arumaimani Sam Respondents

JUDGEMENT

(1.) This Civil Revision Petition has been filed against the docket order dated 16.12.2019 in I.A. 2 of 2019 in O.S. 687 of 2019 passed by the learned III Addl. District Judge, Coimbatore.

(2.) The petitioners are defendants 1 and 6 in the Suit. The respondents 1 to 6 herein are the plaintiffs. The plaintiffs have filed a suit for injunction restraining the defendants 1 and 6 from conducting the 34th diocesan council, and also restraining the defendants from preventing plaintiffs 7 to 12 herein from casting their votes and to contest the forthcoming Prostrate committee/Diocesan council election in the CSI St. Paul's Church, Tiruppur, and also to pass other consequential reliefs. Pending suit, the plaintiffs have filed an application in I.A. 2 of 2019, seeking for interim injunction restraining the defendants 1 to 6 from conducting 34th diocesan council. The Court below has granted an order of interim injunction on 04.10.2019 restraining the defendants 1 to 6 to conduct election till 15.10.2019, thereafter, the interim order has been extended periodically till 16.12.2019. In the meantime, the petitioners herein have filed a Civil Revision Petition in C.R.P. (PD) 3729 of 2019 to set aside the order passed in I.A. 2 of 2019, and this Court, after hearing both petitioners and the respondents, by an order dated 18.11.2019, disposed of the Civil Revision Petition with a direction to the Trial Court viz., III Addl. District Judge, Coimbatore to decide the I.A. 2 of 2019 in O.S. 687 of 2019 within a period of thirty days from the date of receipt of the order, and the parties to the Suit are directed not to take any unnecessary or unwarranted adjournments. According to the petitioner, though this Court had passed an order dated 18.11.2019, the learned Trial Judge not taken up the application seeking for injunction and periodically adjourning the case. Hence, this Civil Revision Petition has been filed.

(3.) Earlier, when this matter taken up for admission, Mr.V.Selvaraju, learned counsel appearing for petitioners submitted that, after the order passed by this Court in C.R.P. (PD) 3729 of 2019, the petitioners have filed an application in I.A. 5 of 2019, seeking for advance hearing, despite the same, the learned Judge adjourning the case without considering the order passed by this Court. In the above circumstances, this Court had called for a report from the learned III Addl. District Judge, Coimbatore.