Arti Meenakshi Muthiah v. Kamala Muthiah

In the High Court of Judicature at Madras Dated: 19.07.2017 Coram The Honourable Mr.JUSTICE RAJIV SHAKDHER and The Honourable Mr.JUSTICE ABDUL QUDDHOSE O.S.A.No.170 of 2017

1. Mrs.Arti Meenakshi Muthiah

2. Mr.Tarun Ghai

3. Mrs.Supriya Ananth Reddy

4. Sir M.Ct.Muthiah Chettiar Higher Sec.

School Trust, rep. by its President, No.23, Raja Annamalai Road, Purasawalkam, Chennai - 84.

5. Lady M.Ct.Muthiah Chettiar Girls Higher Sec. School Trust, rep. by its President, No.13/14, Alagappa Road, Purasawalkam, Chennai - 84.

.... Appellants Vs.

Mrs.Kamala Muthiah .... Respondent APPEAL filed under Order XXXVI Rule 11 of the O.S.Rules read with Clause 15 of the Letters Patent against the judgment and decree of this Court dated 28.04.2017 made in Application No.1714 of 2017 in CS.No.87 of 2017 filed to reject the plaint filed by the respondent/Plaintiff in C.S.No.87/2017 pending on the file of this Court.

For Appellants : Mr.Mathusoothanan for Mr.Najeeb Usman Khan For Respondent : MrSree Ramakrishnan for M/s.Abitha Banu J U D G E M E N T (Judgement of the Court was delivered by RAJIV SHAKDHER,J.)

1. After some arguments, counsels for the parties agree that the appeal can be disposed of based on the following directions:

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i) That the trial in the Suit will be expedited. ii) The appellants/defendants shall file their written statement within a period of four (4) weeks from today. iii) Replication, if any, will be filed within a period of three (3) weeks thereafter.

iv) The parties will also exchange draft issues within a period of one (1) week of completion of pleading. v) The matter will be listed before the learned single Judge on 19.09.2017 for framing of issues.

vi) The respondent/plaintiff will file the affidavit(s) of evidence of the witnesses, she proposes to produce, within two

(2) weeks of framing of issues. A copy of the affidavit(s) of evidence, so filed, will be served upon the appellants/defendants.

vii) The matter will be posted before the learned Master on 24.10.2017 for cross-examination of the respondents/plaintiffs' witnesses.

viii) Immediately, upon completion of cross-examination of the respondent/plaintiff's witnesses, the appellants/defendants will be called upon to file the affidavit(s) of evidence of their witnesses. For this purpose, a week's time will be granted. (ix) The learned Master will fix the date for crossexamination of the appellants/defendants' witnesses. (x) As soon as the evidence is recorded, the learned Master will place the matter before the Court. The learned Master will ensure that the entire exercise is completed no later than 22.12.2017.

2. The captioned appeal is disposed of in with the aforesaid directions. However, there shall be no order as to costs. Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar sl To The Sub Assistant Registrar, Original Section, High Court, Madras.

+1cc to Mr.Nageeb usmankhan, Advocate SR.No.50759 +1cc to Mr.AbithaBanu, Advocate SR.No.50549 O.S.A.No.170 of 2017 EV(CO) GN(08/08/2017) https://hcservices.ecourts.gov.in/hcservices/