GUNALAN Vs. KALIYAPERUMAL

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed to set aside the order, dated 03.02.2009 passed in I.A.No. 892 of 2008 in O.S.No.39 of 2007, on the file of the learned Additional District Judge / Fast Track Court No.II, Trichy.

(2.) The appellant, who is the plaintiff, has filed the suit in O.S.No.39 of 2007, on the file of the District Court, Trichy, for partition and separate possession of the suit properties. Pending suit, the appellant has filed I.A.No. 892 of 2008, on the file of the learned Additional District Judge (Fast Track Court No.II), Trichy, under Order 39 Rule 1 and 2 CPC and r/w. Sec. 94(c) and 151 CPC, for interim injunction till the disposal of the suit restraining the respondents from putting up any sort of construction in the suit property and the said application was dismissed on 03.02009. Against the said order of dismissal, the appellant has filed the present Civil Miscellaneous Appeal.

(3.) When the matter was taken up for hearing, the learned counsel appearing for the appellant submitted that he is not having any instructions with regard to the stage of the suit. He further submitted that a direction may be issued to the trial Court to dispose of the suit in O.S.No.39 of 2007, within a time frame, if the same is not already disposed of.