Madras High CourtCRP/2852/2011allowed

Natesan v. Kuppanna Gounder

2020-08-14Honourable Mr Justice P. Velmurugan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Civil Appellate Jurisdiction ) Monday, the Thirteenth day of December Two Thousand Twenty One PRESENT THE HON'BLE MS.JUSTICE V.M.VELUMANI CRP(PD).Nos.2852 and 2853 of 2011 1 NATESAN [PETITIONERS IN BOTH THE PETITIONS] 2 RAJKUMAR Vs 1 KUPPANNA GOUNDER (DECEASED) [RESPONDENTS IN BOTH THE PETITIONS] 2 KUPPAYEE 3 RAJAMANI 4 SUREKA 5 MOHANRAJ 6 PERIYASAMY 7 NAGAMANI RR2 TO 7 BROUGHT ON RECORDS AS LR'S OF DECEASED SOLE RESPONDENT VIDE ORDER OF COURT DT.09/08/17, BY VMVJ, MADE IN MP.1,1/15 & 2,2/15 IN CRP.2852/11 & 2853/11 Petitions under Article 227, Constitution of India, filed against the fair and decreetal order of the Subordinate Judge's Court at Rasipuram, dated 20-07-2011 in I.A.No.136 of 2011 in O.S.No.170 of 2008 (in CRP(PD).No.2852 of 2011) and;

ii) The fair and decreetal order of the Subordinate Judge's Court at Rasipuram, dated 20-07-2011 in I.A.No.137 of 2011 in O.S.No.170 of 2008 (in CRP(PD).No.2853 of 2011).

ORDER: This Petition coming on for Extension of time on Monday, the Thirteenth day of December Two Thousand Twenty One and perusing the earlier order dated 14.08.2020 and letter dated

1) 18.06.2021 vide D.No.3209/A/2021 from the Principal District Judge, Namakkal

2) 20.11.2021 vide D.No.1262/2021 from the Subordinate Judge, Rasipuram, this court made the following order:- By an order dated 14.08.2020, this Court allowed the C.R.P.(PD). Nos.2852 & 2853 of 2011, with a direction to the learned Subordinate Judge, Rasipuram, to dispose of the suit in O.S.No.170 of 2008, within a period of two months from the date of receipt of a copy of that order.

2.On a letter by the learned Principal District Judge, Namakkal, to the Registry dated 18.06.2021, seeking extension of two months time to dispose of the case in O.S.No.170 of 2008, this Court by the order dated 20.07.2021 in C.R.P.(PD).No.2852 & 2853 of 2011, granted three months time to dispose of the said suit.

3.Now, the learned Subordinate Judge, Rasipuram, by the letter to the Registry dated 20.11.2021 seeks further six months time to dispose of the suit in O.S.No.170 of 2008, on the ground that 1st plaintiff and D1 died and their legal heirs were impleaded and the suit was posted for filing additional written statement on 22.11.2021 and therefore, speedy disposal of the suit has been delayed. 4.Considering the reasons stated by the learned Subordinate Judge, Rasipuram, further six months time is hereby granted to dispose of the suit in O.S.No.170 of 2008, from the date of receipt of a copy of this order.

-sd/- 13/12/2021 / TRUE COPY / Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO THE SUBORDINATE JUDGE, RASIPURAM.

THE PRINCIPAL DISTRICT JUDGE, NAMAKKAL.

Order in CRP(PD).Nos.2852 and 2853 of 2011 Date :13/12/2021 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format PA (17/12/2021)