Madras High CourtCMA/4856/2019disposed of

Charles Vijayakumar v. The Bishop In Coimbatore

2020-11-23Honourable Mr Justice T.Raja2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Civil Appellate Jurisdiction ) Friday, the Seventeenth day of September Two Thousand Twenty One PRESENT THE HON'BLE MR.JUSTICE ABDUL QUDDHOSE C.M.A.NOS. 4856 AND 4857 OF 2019 1 CHARLES VIJAYAKUMAR [ APPELLANTS IN BOTH THE APPEALS] 2 ABEDNEGO JOSHUA KNIGHT Vs 1 THE BISHOP IN COIMBATORE [ RESPONDENTS IN BOTH THE COIMBATORE DIOCESE OF THE CHURCH OF APPEALS] SOUTH INDIA, HAVING ITS OFFICE AT 256, RACE COURSE, COIMBATORE 641 018.

2 REV. CHARLES SAMRAJ, S/O.NALLAMUTHU, ACTING AS PRESBYTERIN CHARGE OF THE CSI ALL SOULS CHURCH, NOW NO.213, RACE COURSE ROAD, COIMBATORE 641 018.

(I) CMA No.4856 of 2019 The Civil Miscellaneous Appeal Under Sec.104 with Order 43 Rule 1 (r) of CPC, against the order and decreetal order in I.A.No.6 of 2019 in O.S.No.509 of 2019, on the file of First Additional District Court, Coimbatore dated 01.10.2019 is contrary to law, manifestly erroneous and wholly unjust and in any event it is liable to be set aside.

(II) CMA No.4857 of 2019 The Civil Miscellaneous Appeal Under Sec.104 with Order 43 Rule 1 (r) of CPC, against the order and decreetal order in I.A.No.5 of 2019 in O.S.No.509 of 2019 on the file of First Additional District Court, Coimbatore dated 01.10.2019, is contrary to law, manifestly erroneous and wholly unjust and in any event it is liable to be set aside.

ORDER: This Petition coming on for Extension of time on Seventeenth day of September Two Thousand Twenty One and perusing the earlier order dated 23.11.2020 and letter dated 29.04.2021 vide D.No.3358/2021 from the I Additional District Judge, Coimbatore, this court made the following order:

https://hcservices.ecourts.gov.in/hcservices/

Today the matter is listed under the caption "for extension of time".

2. This Court by order dated 23.11.2020 disposed the appeals CMA.Nos.4856 & 4857 of 2019 by directing the learned Ist Additional District Judge, Coimbatore to dispose of the suits O.S.No.509 of 2019 within a period of two months from the date of receipt of a copy of that order. The learned learned Ist Additional District Judge, Coimbatore has addressed a letter dated 29.04.2021 to the Registry seeking extension of time for the reasons stated in the said letter 3.This Court has perused the letter dated 29.04.2021 sent by the learned Ist Additional District Judge, Coimbatore and is satisfied with the reasons for not disposing of the suit within the time stipulated by this Court. Accordingly, this Court grants further time of three months for the trial Court to dispose of the suit O.S.No.509 of 2019 from the date of receipt of the communication of this order from the Registry. -sd/- 17/09/2021 / TRUE COPY / Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO THE 1ST ADDITIONAL DISTRICT JUDGE, COIMBATORE.

Order in C.M.A.NOS. 4856 AND 4857 OF 2019 Date :17/09/2021 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format VC (02/01/2020) P RA 27/09/2021 https://hcservices.ecourts.gov.in/hcservices/