Subramani v. Muthusamy

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Civil Appellate Jurisdiction ) Wednesday, the Fourteenth day of July Two Thousand Twenty One PRESENT THE HON`BLE MR JUSTICE G.K.ILANTHIRAIYAN CRP.NPD.No.2613 of 2018 and CMP.No.15664 of 2018 1 SUBRAMANI [ PETITIONERS IN BOTH THE PETITIONS ] CHINNAPONNU (DIED) 2 MURUGESAN 3 NATARAJAN 4 KRISHNAMOORTHY 5 KOKILAM 6 SALAMMAL 7 PAPPATHI Vs 1 MUTHUSAMY [ RESPONDENTS IN BOTH THE PETITIONS ] 2 SELVAM 3 IYAPPAN 4 MANI Petitions filed under section 115 of CPC against the Judgment and decree in CMA.4/2015 dated 16.04.2018 on the file of the Principal District Judge, Namakkal, reversing the Fair and Decreetal order in I.A.No.430 of 2010 in O.S.No.107 of 2008 on the Subordinate Judge, Rasipuram dated 13.12.2013(in CRP.PD.No.2613/2018) and (ii)Grant interim stay of the operation of Judgment and decree dated 16.04.2018 in CMA.4/2015 on the file of the learned Principal District Judge, Namakkal (in CMP.No.15664/2018) pending disposal of the above CRP.PD.No.2613/2018 respectively.

Order : These petitions coming on for orders upon perusing the petitions and the respective affidavits filed in support thereof and upon hearing the arguments of M/S.N.SURESH, Advocate for the petitioner in both the petitions the court made the following order:-

This Petition has been filed before this Court under the caption "For extension of time" along with the report sent by the learned Principal District Judge, Namakkal, in D.No.3071 of 2021 dated 10.06.2021 by enclosing the letter of the learned Subordinate Judge, Rasipuram dated 07.06.2021.

2.

It is seen from the records, while disposing the petition in C.R.P.(NPD).No.2613 of 2018, this Court by an order dated 07.10.2020, directed the trial Court to complete the trial proceedings in O.S.No.107 of 2008, within a period of four months. However, the learned Subordinate Judge, Rasipuram has sent communication dated 07.06.2021, narrating the sequence of proceedings in O.S.No.107 of 2008 and sought further time of four months to complete the trial in the said case.

3.

Considering the above facts and circumstances of this case, this Court is inclined to grant four months time to complete the trial in O.S.No.107 of 2008 from the date of receipt of copy of this order.

-sd/- 14/07/2021 / TRUE COPY / Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO 1 THE PRINCIPAL DISTRICT JUDGE, NAMAKKAL.

2 THE SUBORDINATE JUDGE RASIPURAM.

Order in CRP.NPD.No.2613 of 2018 and CMP.No.15664 of 2018 Date :14/07/2021 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format KP(28/07/2021)