Mrs. Thilagavathi v. Hindu Religious And Charitable

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 28.07.2017

CORAM

THE HON'BLE MR.JUSTICE RAJIV SHAKDHER AND THE HON'BLE MR.JUSTICE ABDUL QUDDHOSE O.S.A.Nos.174 to 176 of 2017 and C.M.P.Nos.11654 to 11656 of 2017 1.Thilagavathi 2.Jayalakshmi 3.A.Kothandaraman 4.Anusuya 5.A.Ravi 6.Balathiri 7.A.Srinivasan 8.Saraswathy ... Appellants in all these Appeals Vs.

1. Hindu Religious and Charitable Endowments Board, rep. By its Commissioner, Nungambakkam High Road, Nungambakkam, Chennai-600 034.

2. Assistant Commissioner, Hindu Religious and Charitable Endowments Board, Nungambakkam High Road, Nungambakkam, Chennai-600 034.

3. The Executive Officer, Arulmighu Mundakanni Amman Thirukkoil Mundakanni Amman Koil Street, Mylapore, Chennai-600 004 ... Respondents in all these Appeals Prayer : Appeals filed under Order XXXVI, Rule 9 of Original Side Rules read with Clause 15 of Letters Patent, against the Order and Decree dated 30.08.2016 made in Original Application Nos.458, 459 and 460 of 2013 in C.S.No.399 of 2013.

For Appellants :

Mr.S.Sadasharam in all these appeals For Respondents :

Mr.Jayarama Raj, Government Advocate (C.S.) for RR1 and 2 Mr.R.Mahalingam for R3 COMMON JUDGEMENT (Judgement of the Court was delivered by RAJIV SHAKDHER,J.)

1. After some arguments, learned counsel for the appellants says the appellants do not wish to press the appeals qua the impugned common order and decree dated 30.08.2016. 1.1. Learned counsel, instead, wants the Court to issue directions for expeditious trial of the suit.

2. Mr.Jayarama Raj, who appears for respondent Nos.1 and 2 and Mr.R.Mahalingam, who appears for respondent No.3, say they have no objection to directions being issued by the Court for accelerated trial of the suit.

3. Accordingly, the following directions are issued : (i).Since, respondent No.3 has already filed a written statement, which Mr.Jayarama Raj, who appears for respondent Nos.1 and 2, says will be adopted by the said respondent, the appellants will file their replication, if any, within a period of two (2) weeks from today. (ii).The parties will exchange the draft issues, upon completion of pleadings.

(iii).The matter will be placed before the learned Single Judge on 23.08.2017, for framing of issues.

(iv).The appellants will file their affidavit(s) of evidence of their witnesses within a period of two (2) weeks of the issues being framed.

(v).The matter will be placed before the learned Master on 09.09.2017, for cross-examination of the appellants' witnesses.

(vi).Immediately, upon examination of the appellants' witnesses, the respondents will file the affidavit(s) of evidence of their witnesses; a copy of which will be served on the counsel for the appellants.

(vii).For this purpose, the respondents will be given a period of two (2) weeks; the matter will be placed before the learned Master, once again, for cross-examination of the respondents' witnesses on 30.09.2017.

(viii).Immediately, upon evidence being recorded by the learned Master, he will place the matter before the Court

for appropriate directions with regard to hearing of the submissions in the suit.

4. The appeals are disposed of, in terms of the aforesaid directions. Resultantly, pending applications shall stand closed. There shall, however, no order as to costs. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar gg To The Sub Assistant Registrar, Original Side, High Court, Madras.

+2cc's to Mr.R.Mahalingam, Advocate, S.R.No.53699 +1cc to Mr.S.Sadasharam, Advocate, S.R.No.54058 +1cc to the Special Government Pleader(T), S.R.No.53958 O.S.A.Nos.174 to 176 of 2017 & CMP Nos.11654 to 11656 of 2017 VG II(CO) CA(01/08/2017)