D. Babu v. Raja Babu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Civil Appellate Jurisdiction ) Thursday, the Sixth day of January Two Thousand Twenty Two PRESENT THE HON`BLE MS.JUSTICE V.M.VELUMANI C.R.P.(PD).No.1494 of 2016 AND C.M.P.No.8185 of 2016 D.BABU [ PETITIONER IN BOTH THE PETITIONS ] Vs RAJA BABU [ RESPONDENT IN BOTH THE PETITIONS ] Petitions under Article 227, constitution of India, filed against the Fair and Decretal order dated 23.03.2016 passed in I.A.No. 1 of 2015 in R.C.O.P No.3 of 2012 on the file of the District Munsif Court, Arni, Thiruvannamalai District whereby partly allowed the petitioner's petition for appointing Advocate Commissioner along with Junior Engineer, PWD for inspection of the structural stability of willing (IN C.R.P.(PD).No.1494/2016) and (ii)To grant stay of all further proceedings of the R.C.O.P.No.3 of 2012 on the file of the District Munsif Court, Arni, Thiruvannamalai district (IN C.M.P.No.8185/2016) pending disposal of the above C.R.P.(PD).No.1494/2016.

Order : This Petition coming for Extension of time on the Sixth day of January Two Thousand Twenty Two and perusing the (i)earlier order dated 02/07/2019 and letter dater 11/06/2021 vide D.No.3780/2021 from the Principal District Judge, Tiruvannamalai (ii) earlier order dated 19/07/2021 and letter dater 14/12/2021 vide D.No.9398/2021 from the Principal District Judge, Principal District Court, Tiruvannamalai, this court made the the following order :- By an order dated 02.07.2019, this Court dismissed C.R.P.(PD). No.1494 of 2016, with a direction to the Trial Court to dispose of R.C.O.P.No.3 of 2012 within a period of four months from the date of receipt of a copy of that order.

2.The learned District Munsif, Arni, by a letter to the Registry dated 29.04.2021, sought extension of time to dispose of R.C.O.P.No.3 of 2012. This Court by the order dated 19.07.2021, granted four months time to dispose of the said R.C.O.P.

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3.Again the learned District Munsif, Arni, by the letter to the Registry dated 29.11.2021 seeks further three months time to dispose of R.C.O.P.No.3 of 2012 on the ground that the case is now posted for respondent's side evidence and hence, speedy disposal of the case has been delayed.

4.Considering the reasons stated by the learned District Munsif, Arni, further three months time is hereby granted to dispose of R.C.O.P.No.3 of 2012, from the date of receipt of a copy of this order.

-sd/- 06/01/2022 / TRUE COPY / Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO 1 THE DISTRICT MUNSIF, ARNI, THIRUVANNAMALAI DISTRICT.

2 THE PRINCIPAL DISTRICT JUDGE, PRINCIPAL DISTRICT COURT, TIRUVANNAMALAI Order in C.R.P.(PD).No.1494 of 2016 AND C.M.P.No.8185 of 2016 Date :06/01/2022 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format TP(20/01/2022) https://hcservices.ecourts.gov.in/hcservices/