R.Sarathkumar v. J.Natarajan

and CMP.No.11106 of 2022 SATHI KUMAR SUKUMARA KURUP, J.

The Learned Sub-Judge, Udhagamandalam, had addressed the letter in Dis.No857/2022 dated 29.11.2022 seeking extension of time for disposal of the O.S.No.137 of 2018.

2. The Plaintiff in the suit had filed Civil Revision Petition in CRP.No.2147 of 2022, aggrieved by the order passed by the Learned SubJudge, Udhagamandalam, in IA.No.246 of 2021 in OS.No.137 of 2018. IA.No.246 of 2021 was filed by the Defendant in the suit seeking to set aside the exparte decree already passed in O.S.No.137 of 2018. The said IA was allowed on payment of costs Rs.2,000/-.

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3. After hearing both the parties, this Court had modified the orders passed by the Learned Sub-Judge, Udhagamandalam, in IA.No.246 of 2021 imposing costs of Rs.2,000/- to the Defendant by enhancing it to Rs.7,500/- vide order dated 26.08.2022 and the Learned Judge of this Court had further directed the Learned Sub-Judge, Udhagamandalam, to dispose of the suit in O.S.No.137 of 2018 within a period of three months from the date of receipt of a copy of this order.

4. In continuation of the same, the Learned Sub-Judge, Udhagamandalam, had addressed the letter in Dis.No.857/2022 dated 29.11.2022 sought further time of six months.

5. It is stated by the Learned Learned Sub-Judge, Udhagamandalam, that the petition filed by the Plaintiff under Section 26 Rule 10 (A) of CPC r/w Sec.151 of CPC to obtain handwriting expert opinion in respect of the signature found in the receipt under Exhibit A2 and A3, is pending for counter. After enquiry and for passing order, the Learned 2/4

Judge has to wait for the expert opinion. Therefore, he had sought time for six months. Considering the pendency of this IA and time required to receive expert opinion, the request of the Learned Sub-Judge, Udhagamandalam, is found to be acceptable. Therefore, further six months time is granted.

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SATHI KUMAR SUKUMARA KURUP, J.

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