Shanbagavalli v. K.P.Arumukham (Since Deceased)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.04.2016

CORAM

THE HON'BLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE and THE HON'BLE MR. JUSTICE M.M.SUNDRESH O.S.A.No.121 of 2016 and CMP.No.7806 of 2016 1.Shanbagavalli 2.R.Ganga Bai 3.Meera Bai 4.S.Dakshayani 5.C.M.Kumaran 6.A.Shanthakumari 7.Sarasa 8.Pavithra 9.Prem 10.P.Karuppasamy 11.C.Lakshmi 12.S.Umarani 13.K.M.Mala 14.J.Vijayalakshmi 15.K.Poorani 16.Santha 17.N.Rani ... Appellants/Defendants 1, 3, 6 to 8, 11 to 17, 19, 21 to 25.

versus K.P. Arumukham (since deceased) 1.J.Uma Devi 2.R.S.Lalitha 3.K.P.Sevaraj 4.P.Kalyani Ammal 5.S.Sasikala 6.P.Muthukumar 7.N.P.Gopi 8.J.Sathesh 9.V.Rajendiran 10.L.Meera Bai 11.S.V.Palani B. Arumugam Chettiar (Since deceased) S. Suseela (Since deceased) 12.A.Thara

13.A.Jaichitra Devi 14.A.Vijayalakshmi 15.A.Kumaran 16.A.Senthil 17.S.Srinivasan 18.S.Sreedhar 19.S.Indira 20.T.Dhanalakshmi 21.S.Lokanayagi 22.A.Ramesh 23.A.Kumaran 24.A.Karthigeyan C. Loganathan (since deceased) 25.R.Deivanayagi 26.T.Neelambal 27.Usha Rani 28.M.Padmavathi 29.V.Ravichandran 30.C.L.Viswanathan 31.T.J.Somasundaram 32.A.Lakshmi 33.A.Asha 34.A.S.Palani Chettiar 35.S.Ramalingam 36.T.A.Rajeswari 37.T.A.Baskar 38.T.A.Indira 39.T.A.Srinivasan 40.Vijayalakshmi 41.M.T.Umashankar 42.Mrs.Neela ... Respondents Appeal filed under Order 36 Rule I of Original Side Rules r/w Clause 15 of Letters Patent, against the Order and Decretal Order dated 01.03.2016 made in A.No.908 of 2016 in C.S.No.877 of 2006, on the file of this Court.

For Appellant .. Mr.AR.L.Sundaresan Senior Counsel for K.Venkataraman

J U D G M E N T

(Judgement of the Court was delivered by The Hon'ble Chief Justice) After some arguments, learned Senior Counsel for the appellant, on instruction, does not press the appeal, but submits that the trial of the suit be expedited as the plaintiff has produced PW-1 as witness, while they have only one witness.

2. We agree that considering the suit is ten years old, the parties are aged and there are only two witnesses to be examined, the learned Master will endeavour to conclude the evidence within a period of three months from the next date fixed before the learned Master, so that the suit thereafter be placed before the court for fixing the date for final hearing.

3. The appeal accordingly stands dismissed as not pressed on the aforesaid terms, leaving the parties to bear their own costs. Consequently, C.M.P.No.7806 of 2016 is closed. Sd/- Asst.Registrar (CS VII ) /true copy/ Sub Asst. Registrar ksr To The Sub Assistant Registrar (Original side) High Court, Madras (Posting the matter for evidence) 1 cc to Mr.K. Venkataraman, Advocate, Sr. 27658 O.S.A.No.121 of 2016 KSJ (CO) kk 19/5