M.Y.Muhammad Shafaad v. Shafiulla Khan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.02.2024

CORAM:

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY and C.M.P.No.16916 of 2023

1. M.Y.Muhammed Shafaad,

2. D.K.Siraj Ullah Khan ..

Appellants Vs.

1. Shafiulla Khan

2. A.Sultan Khan

3. Nayeemulla Khan ..

Respondents Prayer: This Civil Miscellaneous Appeal is filed under Order 43 Rule 1 (u) of Civil Procedure Code, against the Order dated 24.04.2023 and made in I.A.No.02/2022 in O.S.No.67/2022 on the file of Additional District Judge, Hosur.

For Appellants :

Mr.Kowser Sulthana For Respondents :

Mr.T.John Alexander ***

J U D G M E N T

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This Civil Miscellaneous Appeal has been filed challenging the order dated 24.04.2023 and made in I.A.No.2/2022 in O.S.No.67/2022 on the file of Additional District Judge, Hosur.

2. After advancing some arguments, the learned counsel for the appellant submitted that it would suffice if the suit in O.S.No.67/2022 is directed to be disposed of by the learned Additional District Judge, Hosur,within a stipulted time.

3. The learned counsel for the Respondents submitted that the Respondents have no objection for issuing such a direction.

4. Considering the submissions made by the learned counsel appearing on either side, without expressing any opinion on the merits of the case, this Court directs the learned Additional District Judge, Hosur to dispose of the suit in O.S.No.67 of 2022 preferably within a period of five months from the date of receipt of a copy of this order.

This Civil Miscellaneous Appeal is disposed of with the above 2/4

directions. No costs. Consequently, connected Miscellaneous Petition is closed. Consequently, connected Miscellaneous Petition is closed. 05.01.2024 arr Index : Yes / No Internet : Yes / No To

1. The Additional District Judge, Hosur.

2.The Section Officer, VR Section, High Court, Madras.

KRISHNAN RAMASAMY, J.

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arr 16.02.2024 4/4