Angamuthu v. Dhandapani

A.S.Nos. 38 to 40 of 2022 T.V.THAMILSELVI, J.

This Court, by an order dated 19.09.2022 directed the learned Subordinate Judge, Attur to dispose the suit in O.S.No. 21 of 2006 within a period of four months from the date of receipt of a copy of that order. Since the said case could not be disposed of within the time stipulated by this court, the court below by letter dated 17.07.2023 sought for extension of time. Hence, the matter is listed before this court today.

2. The learned Subordinate Judge, Attur submitted that the court below received the order of this court on 17.03.2023 and P.W.1 was absent for few hearings, however, he filed the application to receive additional documents and recall petition, which were allowed. Thereafter, the case was adjourned for cross-examination of P.W.1 on two hearings and P.W.1 was partly cross-examined by the defendants at length. So, the case is posted for further cross-examination of P.W.1. Thus, he would submit that due to the said unavoidable circumstances, the court below is not able to dispose the matter within the stipulated time fixed by this court. Hence, he prayed to grant further time of four months to dispose the case.

3. Considering the request of the learned Subordinate Judge, Attur, this court is inclined to extend the time for the period of four months from the date of receipt of copy of this order to comply with the order of this court and he is directed to conduct the trial without giving unnecessary adjournments to both parties. However, time granted by this court will not be extended after four months.

19.09.2023 rpp

T.V.THAMILSELVI, J.

rpp Rev.Appl. Nos. 38 to 40 of 2022 19.09.2023