Mohammed Noor Khan v. Mrs. R.Hemavathi And 5 Others

A.No.311 of 2023 in C.S. No.475 of 1998 A. Nos.311 of 2023 in C.S. No.475 of 1998 N.SESHASAYEE, J.

In this administration suit, the properties have already been sold by the Advocate Commissioner appointed by this court and the sale proceeds are available to the credit of this case. This court is informed that, of the 64 listed creditors, only 16 are contesting. The learned counsel for the 43rd defendant submitted that his client has been examined as DW1 and has also marked the documents to prove his claim over the assets. The 48th defendant is waiting in the queue to adduce his evidence.

2. Now the present application is taken by the eighth defendant for production of documents for proving his claim. Subject to proof, relevancy and admissibility, this application is allowed.

3. The trial of the suit is now being held before the learned Additional Master - IV and it is presently manned by the learned Additional Master - III. Since the case is pretty old, this court, posts the matter before the learned Additional Master-I for proceeding with the trial of the matter. ________ Page 1/2 https://www.mhc.tn.gov.in/judis

A.No.311 of 2023 in C.S. No.475 of 1998 N.SESHASAYEE, J.

Asr

4. The learned Additional Master - I is instructed to expedite the process of trial to help the court to give a quietus to this litigation, which is now into the 27th year of its institution.

5. Post the matter before the learned Additional Master - I on 06.02.2023. 24.01.2023 Asr A. Nos.311 of 2023 in C.S. No.475 of 1998 ________ Page 2/2 https://www.mhc.tn.gov.in/judis