B.S. Krishnamurthy v. Mr. S. Sreenivasamurthy

A.No.2354 of 2022 in C.S No.401 of 2010 A.A.NAKKIRAN, J.

This application has been filed by the applicant to issue a direction to expedite the disposal of the suit within a period of three months of such other time as may be decided by this Court.

2. Heard both sides.

3.The learned counsel for the applicant/plaintiff has submitted that this Court by its order dated 07.10.2013 directed to post the suit before the Additional Master - II for recording evidence.

4. The Additional Master - II has adjourned the case on several occasions viz., 11.11.2013, 15.11.2013, 26.11.2013, 28.11.2013, 03.12.2013, 16.03.2020, 19.03.2020, 20.07.2021, 23.07.2021, 27.07.2021, 29.07.2021, 17.11.2021, 29.11.2021, 31.01.2022, 22.02.2022, 24.02.2022, 07.06.2022 and 24.06.2022 for marking of documents.

5. The learned counsel for the respondent has submitted that despite the matter being posted on several hearings and sufficient opportunity given to the plaintiff, the process of marking of documents has not been completed. https://www.mhc.tn.gov.in/judis 1/2

A.A.NAKKIRAN, J.

gv

6. Considering the facts and circumstances of the case, in the interest of justice, this Court is inclined to dispose of the application with a direction.

7. Accordingly, the Registry is directed to send back the bundles to the learned Additional Master-II for recording evidence on 04.07.2022 and the learned Additional Master-II is directed to complete the witnesses as expeditiously as possible, preferably, within a period of two months thereafter.

8. Both parties are directed to co-operate with the learned Master for recording evidence. The learned Additional Master - II is directed to return back the bundles to this Court after completion of recording evidence along with a report regarding the co-operation of the parties.

9. Accordingly, this application is dispose of with the above direction. 28.06.2022 Gv Note: Post the main case before this Court after two months. https://www.mhc.tn.gov.in/judis 2/2