(Prayer: Civil Revision Petition is filed to set aside the order dated 24.03.2009 passed in I.A.No.1369 of 2008 in O.S.No.294 of 2008 on the file of the District Munsif, Thiruvallur.

The revision petitioners/plaintiffs have filed the Civil Revision Petition praying for issuance of an order of this Court in directing the trial Court to dispose of the I.A.No.1369 of 2008 in O.S.No.294 of 2008 pending on the file of the learned District Munsif, Thiruvallur.

2. To avoid an unavoidable delay this Court, in the interest of justice, dispenses with the issuance of notice to the respondents/defendants.

3. According to the learned counsel for the revision petitioners/plaintiffs, the trial Court is unnecessarily adjourning the hearing of the I.A.No.1369 of 2008 from time to time notwithstanding the fact that the respondents/defendants have filed their counter and even after the lapse of six months further adjournments are granted by the trial Court mechanically and infact the injunction application has to be disposed of within a period of 30 days as per the requirement of the Civil Procedure Code and indeed the Court has to record adequate reasons while granting further adjournments from time to time and in the present case on hand, the same has not been followed by the trial Court in true letter and spirit and therefore prays for issuance of a suitable direction of this Court to the trial Court to dispose of the I.A.No.1369 of 2008 immediately after hearing both sides.

4. The learned counsel for the revision petitioners/plaintiffs brings it to the notice of this Court that in I.A.No.1369 of 2008 filed by the revision petitioners/plaintiffs under Order 39 Rule 1 & 2 of Civil Procedure Code, the matter has been posted for filing of counter of the first and second respondents to 24.03.2009 as per order dated 25.02.2009 and on 24.03.2009 when the matter has been posted for counter of the first and second respondents, a memo has been filed to adopt the written statement as counter and the matter has been posted for enquiry to 03.06.2009 and from 03.06.2009 the matter has been adjourned from time to time without any progress of the matter viz., in I.A.No.1369 of 2008 and the matter has been adjourned to 14.08.2009 and till date the said I.A.No.1369 of 2008 has not seen the light of the day for disposal.

5. At this juncture this Court pertinently points out that the Order 39 Rule 3a of Civil Procedure Code enjoins that "where an injunction has been granted without giving notice to the opposite party the Court shall make an endeavour to finally dispose of the application within 30 days from the date on which the injunction was granted and where it is unable so to do, it shall record its reasons for such inability". Infact, Order 39 Rule 3a of Civil Procedure Code provides three types of protection to the litigant against whom an exparte injunction has been passed. Firstly, the Court has obligated to provide notice ordered for passing the order. Only by way of exceptional nature a Court of Law is empowered to by pass the aforesaid protective measure. Secondly, there is statutory application cause and Court of Law to pass final orders on the application within a period of 30 days. Here again unexceptional situation, a Court of Law can by pass such rule in which cases the legislature mandates on the Court to have adequate reasons for writing such by passing and to record those reasons for writing. If that hump is also by passed by the Court law, the condition within to held that the party affected by the order will unnecessarily be the others to sufferer.

6. As far as the present case is concerned it transpires that I.A.No.1369 of 2008 Order 39 Rule 1 and 2 application has been filed by the revision petitioners/plaintiffs before the trial Court praying for the relief of interim injunction restraining the second respondent or his men, agents persons etc., from alienating the suit schedule properties and on 13.09.208, the I.A. has been heard and notice has been issued to the third and fourth respondents and for filing of counter of first and second respondents, the matter has been posted to 20.10.2008 etc., and lastly on 24.03.2009 when the matter has been posted for filing of counter for the first and second respondents a memo has been filed to adopt the written statement as counter and the matter has been posted for enquiry to 03.06.2009 and from 03.06.2009 till date, according to the learned counsel for the revision petitioners/plaintiffs, the matter has not seen the light of the day in regard to the disposal of the I.A.No.1369 of 2008.

7. When the Court grants an ex-parte injunction for protection to opposite party, the Court is to dispose of the application finally within 30 days; where it fails to do so to record the reasons for the same in the considered opinion of this Court. The requirement of disposal of ex-parte injunction application within 30 days is mandatory.

8. In as much as the application in I.A.No.1369 of 2008 has been pending from 13.09.2008 when the trial Court has firstly also ordered issuance of notice to the third and fourth respondents, for filing of counter for the first and second respondents etc., by 20.10.2008 and since this Court opines that the said application is kept pending for a long time without any progress of the matter in issue and when there is no impediment for the said application to be taken up for final disposal, this Court, on the basis of Equity, Fair play, Good Conscience and as a matter of prudence and also to prevent an aberration of justice directs the trial Court, viz., the learned District Munsif, Thiruvallur to dispose of the I.A.No.1369 of 2008 within a period of two weeks from the date of receipt of copy of this order and to report compliance to this Court without fail and with this observation, the Civil Revision Petition is disposed of without costs.

9. In the result, the Civil Revision Petition is disposed of with direction to the trial Court viz., learned District Munsif, Thiruvallur to dispose of the I.A.No.1369 of 2008 within a period of two weeks from the date of receipt of copy of this order and to report compliance to this Court without fail. Considering the facts and circumstances of the case, the parties are directed to bear their own costs. Consequently, connected miscellaneous petition is closed.