Palaniammal v. Nallammal

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-06-2025

CORAM

THE HONOURABLE MR JUSTICE P.B. BALAJI CMP NO. 10785 of 2025 in CRP NO. 4954 OF 2024 in CMP NO. 27870 OF 2024

1. Palaniammal

2. Nallammal

3. Sellammal Petitioner (s) Vs 1.Nallammal 2.Pappayee

3. K.Nallusamy 4.Sellammal 5.Kandasamy 6.Pandian 7.Swaminathan 8.Pappayee 9.Dhanalakshmi 10.Velumani 11.Arulmani 12.Parameshwari Respondent(s) PRAYER: This Petition for extension of time filed under Section 148 r/w.151 of CPC, to grant extension of time with the order of this Court dated 28.01.2025 in C.R.P. No.4954 of 2024.

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For Petitioner (s): Mr. Sam Jayaraj Houston

O R D E R

The petitioners seek extension of time to comply with the order dated 28.01.2025 in CRP.(PD) No.4954 of 2024.

2. This Court by order dated 28.01.2025, disposed of the CRP. (PD) No.4954 of 2024, permitting the petitioners to take out amendment and impleading Applications within a period of four weeks. Admittedly, within the said period four weeks, on 13.02.2025, the petitioners had filed certain Applications and the said Applications were returned on 28.02.2025. By that time, the four weeks time granted by this Court for compliance is lapsed. Hence, the petitioner seeks extension of time.

3. The learned counsel for the respondents strongly opposed for the said Application for extension of time, contending that this Court only permitted the petitioners to file Applications for amendment of the plaint and deletion of the properties. However, the petitioners had also filed an Application to remove certain parties from the array of lis. He would therefore submit that such Applications are per se not maintainable. 2/4

4. I am not sitting in the Revision or Appeal over the said Applications. This Application is made simpliciter only for extension of time, to comply with the order regarding filing of amendment/ impleading Applications. Merely because, the further Application/s filed by the petitioners was/were not mentioned in the order dated 28.01.2025, this Court cannot foreclose the rights of the parties, at this stage. It is always open to the respondents to file counter and contest any such Applications which according to the respondents are not maintainable on the ground that they are outside the scope of permission granted by this Court.

5. Accordingly, this Civil Miscellaneous Petition is ordered. Time is extended by six (6) weeks for filing amendment/impleading Applications. The Trial Court viz., the learned District Munsif, Namakkal shall dispose the suit in O.S. No.399 of 2005 within a period of four (4) months from the date of receipt of the copy of the order. No costs. 09.06.2025 rkp Note: Issue order copy on 10.06.2025.

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P.B.BALAJI.

, J.

rkp To The Principal District Munsif Court, Namakkal.

CMP NO. 10785 of 2025 in CRP NO. 4954 OF 2024 in CMP NO. 27870 OF 2024 09.06.2025 4/4