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Madras High CourtCRP/3756/2013allowed

R.Narendrakumar v. R.Madanchand

2020-03-04Honourable Mr Justice S. Vaidyanathan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.03.2020

CORAM:

THE HONOURABLE Mr. JUSTICE S.VAIDYANATHAN CRP PD NO.3756 of 2013 and MP No.1 of 2013 R. Narendrakumar ... Petitioner -Vs1. R. Madanchand

2. R. Premchand Nahar

3. Mrs. Chandra Bai

4. Mrs. Kamala Bai ... Respondents Prayer : Civil Revision Petition filed under Article 227 of the Constitution of India praying to set aside the order and decreetal order dated 29.07.2013 made in I.A.No.9333 of 2008 in O.S.No.1084 of 2008 on the file of the XVIII Assistant Judge, City Civil Court, Chennai. For Petitioner : Mr. R.Thiagarajan For Respondents : Mr.V.Ramana Reddy for R1 No appearance for R2.

Ms. Sumithra for R3 & R4.

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ORDER

The present Civil Revision Petition has been filed against I.A.No.9333 of 2008 in O.S.No.1084 of 2008 on the file of the XVIII Assistant Judge, City Civil Court, Chennai.

2. During the pendency of the Civil Revision Petition, the Suit has been heard by the Trial Court and orders have been reserved. The parties have advanced arguments before the Trial Court with regard to the issues addressed before this Court and it is represented that, no final Judgment and decree have been passed.

3.

Since the entire issue could be decided in the pending Suit itself, without rendering any findings on the merits of the matter, the Trial Court is expected to pronounce the Judgment and decree in the pending Suit within a period of one month from the date of receipt of copy of this order.

4.

In case of demise of any of the parties, it is open to the Trial Court to seek extension of time to dispose of the Suit, as the legal 2/4

heirs of the deceased parties, have to be impleaded as parties to the proceedings. Since the suit is of the year 2008, the court below shall not adjourn the matter beyond three working days at any point of time.

5.

The Civil Revision Petition is ordered accordingly. No costs. Consequently, connected miscellaneous petition is closed. 04.03.2020 Internet : Yes / No Index: Yes / No Speaking order / Non speaking order bga Copy to XVIII Assistant Judge, City Civil Court, Chennai. 3/4

S.VAIDYANATHAN, J.

bga CRP PD.NO.3756 of 2013 04.03.2020 4/4