Madras High CourtAS(MD)/74/2011allowed

Govindaraj v. Thangaiyan

2022-08-02Honourable Mr Justice P. Velmurugan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Thursday, the Thirteenth day of July Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR Govindaraj ... Appellant/Plaintiff Vs 1 Thangaiyan 2 The Superintending Engineer, T.N.E.B. Pudukottai & District.

3 Malar, 4 Chellammal 5 Chinnaponnu 6 Rasammal 7 Kunjupillai 8 Chandrakala 9 Kalaivanan ... Respondent/Defendants (3 to 8 Respondents Given Up) Cause Title is Amended Vide Court order dated 16.10.2020 made in cmp(md) No.5469/2019 in AS (MD) No.74 of 2011) 1/4

Prayer :- This Appeal Suit is filed under section 96 of C.P.C., to prefer against the judgment and decree dated 11.08.2010 passed in OS No.147 of 2004 on the file of the Principal District Judge, Pudukkottai.

ORDER:- This Petition coming on for orders on this day and upon perusing earlier order of this Court dated 02/08/2022, and direct the Court below to dispose the of the Case with in a period of six months, and the requisition letter dated 03/07/2023 in D.No.3171 of 2023, submitted by the Principal District Judge, Pudukkottai, this Court made the following order:

Today, this case is listed under the caption for "Extension of Time for Lower Court".

2. It is evident from the records that this Court vide order, dated 02.08.2022, directed the trial Court to initiate suo motu for final decree proceedings and complete the same within a period of six months from the date of receipt of copy of that judgment.

3. The learned Principal District Judge has submitted a request, dated 03.07.2023, stating that an Advocate Commissioner has been appointed and he was 2/4

directed to file her report on or before 23.04.2023 and that subsequently, at the request of the Advocate Commissioner, the case was adjourned to 03.04.2023, 08.04.2023, 20.05.2023 and 05.07.2023 for filing of Commissioner's report.

4. When the matter is taken up for hearing today, it is informed that the case stands posted to 05.08.2023 for filing of Commissioner's report.

5. Considering the above, the learned Principal District Judge, Pudukkottai, is directed to insist the Advocate Commissioner to file a report positively before the second week of August and to dispose of the case as directed by this Court within a period of two months thereafter.

Sd/- Assistant Registrar (CS-I) // True Copy // /07/2023 Sub Assistant Registrar(CS) TO The Principal District Judge, Pudukkottai.

COPY TO:

The Registrar (Judicial), Madurai Bench of Madras High Court, Madurai.

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ORDER DATED: 13/07/2023 ==========================

ORDER

========================== Giving direction and etc.

as stated within.

RD(27/07/2023) 4P / 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 4/4