T.Raji v. D.Lenin

in CMA.Nos.2371 & 2372 of 2013 G.K.ILANTHIRAIYAN, J.

These petitions have been filed to extend three months time granted to Additional Sub Court, Tiruvannamalai made in order dated 04.02.2021 in CMA.Nos.2371 & 2372 of 2013.

2. Heard, the learned counsel for the petitioner and the learned counsel for the respondent.

3. As per the order of this Court in CMA.Nos.2371 & 2372 of 2013 on 04.02.2021, the petitioner was directed to adduce evidence as early as possible without seeking any adjournment and the trial judge was also directed to record the evidence within a period of three months from the date of receipt of the order. However, on perusal of the affidavit filed in support of the petition for extension time, revealed that the petitioner could not obtain the certified copy of the documents which are going to be marked. Therefore, the petitioner could not able to adduce evidence within the time stipulated by this Court. Now, the petitioner has obtained the certified copy of the documents and he is ready to adduce evidence before the court below.

4. Considering the above facts and circumstances of the case, this Court is of the view that the time may be extended for further period of two weeks to adduce evidence before the trial court as directed by this Court.

5. In view of the above, the time granted to the petitioner in CMA.Nos.2371 & 2372 of 2013 dated 04.02.2021 is extended till 30.01.2023. Now the matter is posted for arguments on 19.01.2023. Therefore, the petitioner shall adduce evidence on 09.01.2023 itself, failing which the trial court is directed to proceed in accordance with law.

6. Accordingly, both the miscellaneous petitions are ordered. 04.01.2023 lok Note: Issue order copy on 04.01.2023

G.K.ILANTHIRAIYAN, J.

lok in CMA.Nos.2371 & 2372 of 2013 04.01.2023