Madras High Court
G.A.Jos Hemalatha Stalin vs Hermine'S Home For Destitute Through on 21 December, 2023
C.R.P.(MD)No.3359 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 21.12.2023
CORAM:
THE HON'BLE MR.JUSTICE K.MURALI SHANKAR
C.R.P.(MD)No.3359 of 2023
1. G.A.Jos Hemalatha Stalin
2. R.Raja Sundari
3. J.Amalageetha
4. R.Xavier Pappa
5. M.Arulmani ... Petitioners
Vs.
1. Hermine's Home for Destitute through
its founder/managing trustee
Fr.Dr.Joseph Isidore
2. Fr.Dr.Joseph
3. Jeyalakshmi
4. Mris.Pevin Ephrem
5. W.Andal
6. Fr.Reyosil
7. M.Williams Prem Kumar ... Respondents
1/6
https://www.mhc.tn.gov.in/judis
C.R.P.(MD)No.3359 of 2023
Prayer : This Civil Revision Petition filed under Article 227 of the
Constitution of India, to dispose of the petition in I.A.No.05 of 2023 in
O.S.No.167 of 2023 on the file of Principal District Court, Tirunelveli
within time frame to be fixed by this Court by allowing the above civil
revision petition.
For Petitioners : Mr.Aayiram K. Selvakumar
ORDER
The Civil Revision Petition has been filed seeking a direction to dispose of the petition in I.A.No.05 of 2023 in O.S.No.167 of 2023, pending on the file of the Principal District Court, Tirunelveli, within a period stipulated by this Court.
2. Since the revision petition is filed for early disposal of the case, the issuance of notice to the respondents is not necessary.
3. The respondents 1 to 3 as plaintiffs have filed the above suit in O.S.No.167 of 2023 to declare the supplementary deeds vide Document Nos.10/2020 and 53 of 2022 dated 15.06.2020 and 17.11.2022 as void-ab- initio and to declare that the respondents 2 and 3 alone are the Trustees of 2/6 https://www.mhc.tn.gov.in/judis C.R.P.(MD)No.3359 of 2023 the first respondent Trust and for permanent injunction. Pending suit, the revision petitioners, who are the defendants 1, 3 to 5 and 7, have filed the above application to dismiss the suit alleging that since no leave under Section 92(1) C.P.C. was obtained, the suit is not maintainable and the same was taken on file in I.A.No.05 of 2023 and that though the arguments of both the sides were heard, the case is being adjourned again and again.
4. It is seen from the B-Diary that though the revision petitioner's side arguments were heard in part on 05.10.2023, the application is being adjourned for continuation of arguments.
5. Considering the above facts and circumstances and taking note of the submissions made by the learned counsel appearing for the revision petitioners, the learned Principal District Judge, Tirunelveli, is hereby directed to proceed with the enquiry in I.A.No.05 of 2023 and dispose of the same within a period of six weeks from the date of receipt of copy of this order.
3/6 https://www.mhc.tn.gov.in/judis C.R.P.(MD)No.3359 of 2023
6. With the above direction, this Civil Revision Petition is disposed of. No costs.
21.12.2023 NCC :yes/No Index :yes/No Internet:yes/No csm To
1. The Principal District Court, Tirunelveli.
2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.
4/6 https://www.mhc.tn.gov.in/judis C.R.P.(MD)No.3359 of 2023 5/6 https://www.mhc.tn.gov.in/judis C.R.P.(MD)No.3359 of 2023 K.MURALI SHANKAR,J.
csm Order made in C.R.P.(MD)No.3359 of 2023 Dated : 21.12.2023 6/6 https://www.mhc.tn.gov.in/judis