D.Stanley Prince v. Y.Jeeva Bharathi

S.M.SUBRAMANIAM,J.

An order was passed on 04.06.2020 in C.M.A.No.1575 of 2013 to dispose of the original petition in I.D.O.P.No.17 of 2012 on merits within a period of four months. The learned Principal District Judge, Tiruppur in letter dated 01.02.2021, contended that the respondent remained absent and an ex-parte order was passed. Thereafter, an interlocutory application is filed to set aside the ex-parte order passed and the matter is posted on 02.02.2021 for orders. Therefore, further time is to be granted for disposal of the original petition.

2. This Court is of the considered opinion that the parties are expected to cooperate for earlier disposal of the case. Courts are bound to decline adjournments on flimsy grounds. Adjournments, even on genuine grounds, are to be granted only by recording reasons. The idea of the parties for prolongation of the litigation can never be encouraged by the Courts. However, in the present case, the interlocutory application is filed to set aside the ex-parte order. Therefore, an opportunity is to be granted to the parties to adjudicate the case on 1/3

merits and the Court shall not grant adjournments in a routine manner. With this observation, four months time is granted to dispose of the case.

16.03.2021 ssb 2/3

S.M.SUBRAMANIAM, J.

ssb 16.03.2021 3/3