T Vijaya v. V.Jayaraman

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 27.07.2020

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA A.Nos.7831, 7612 & 7613 of 2017 in T.O.S.No.14 of 2004 A.No.7831 of 2017:

T.Vijaya ... Applicant Vs.

1.V.Jayaraman 2.Rajam .. Respondents Prayer: Judges summons filed under Order XIV Rule 8 of the Original Side Rules read with Section 24 of the CPC praying to withdraw O.S.No.11995 of 2010 on the file of His Honour XIX Additional City Civil Judge at Chennai and transfer the same to the file of this Court to be tried along with T.O.S.No.14 of 2004.

A.No.7612 of 2017 & A.No.7613 of 2017:

T.Vijaya ... Applicant Vs.

1.V.Jayaraman .. Respondent Prayer in A.No.7612 of 2017: Judges summons filed under Order XIV Rule 8 of the Original Side Rules Clause 13 of Letter Patent read with Section 24 of the CPC praying to withdraw O.S.No.2499 of 2011 on the file of His Honour XIX Additional City Civil Judge at Chennai and transfer the same to the file of this Court to be tried along with T.O.S.No.14 of 2004. Prayer in A.No.7613 of 2017: Judges summons filed under Order XIV Rule 8 of the Original Side Rules Clause 13 of Letter Patent read with Section 24 of the CPC praying to stay any further proceedings in O.S.No.2499 of 2011 on the file of his Honour XIX Additional City Civil Judge at Chennai pending disposal of the above T.O.S. For Applicant :

Ms.A.K.Benasir Begam for M/s.T.Deva Doss Associates For Respondent :

Mr.C.Umashankar

ORDER

By order dated 16.07.2018, this Court has passed the following order: "Hence, post the matter finally for completion of evidence and cross examination before Trial Court on or before 14.08.2018. If the applicant is not

able to complete the evidence by that date before Trial Court, these applications will be dismissed without further reference to this Court."

2. Today, when the matter was called, Mr.C.Umashankar, learned counsel for the respondent would submit that the Trial has not been completed in the above matter and the plaintiff has taken out a subpoena to summon a witness. Considering the fact that the Trial has not been completed as directed by the order dated 16.07.2018, these applications automatically stand dismissed.

Sd/.P.T.A.J.

27.07.2020 //Certified to be a true copy// Dated this the day of 2020.

S.U./19.08.2020 COURT OFFICER(O.S.) From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.