The Tamilnadu Evangelical v. Rt.Rev.D.Daniel Jayaraj

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Seventeenth day of August Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice P.VELMURUGAN 1.The Tamilnadu Evangelical Lutheran Church (T.E.L.C.) Rep. by its Secretary A.Mehar Antony, Having Office at Post Box No.86 TELC Central Office Tranquebar House, Melaputhur, Tiruchirappalli. 2.A.Meher Antony ... Appellants/Respondents 1&3/Plaintiffs 1&3 -Vs- 1 Rt.Rev.D.Daniel Jayaraj S/o. Thiru. Devasagayam, Bishop of Tranquebar Church and President of Tamil Evangelical Lutheran Church, Having Office at Bishop House, TELC Compound, Melaputhur, Tiruchirappalli. ...1st Respondent/Petitioner/1st Defendant 2 Rev. S.Samuel Abraham, 3 Rev. Dr.J.G.Jacob Sundar Singh 4 D. Thangapazham, 5 K.Albert Inbaraj, 6 Benjamin Jeyaraj,

...Respondents 2 to 6/Respondents 2 & 4 to 7

Plaintiffs 2 & 4 to 7 7 Rev. J.Chelladurai, 8 D. Wilfred Daniel,

...Respondents 7 & 8/Respondents 8 & 9/

Defendants 2&3 Prayer :- This Appeal Suit is filed under section 96 of the Civil Procedure Code r/w order 41 Rule 1 of Civil Procedure Code, to set aside the Fair and Decretal order 21.12.2020 passed in I.A.No.2 of 2020 in OS No.253 of 2020 the Learned I Additional District Judge 1/3

(PCR), Tiruchirappalli and pass such other orders as this Honourablr Court may deem fit and render Justice.

ORDER:- This Appeal Suit coming on for orders on this day under the caption "for extension of time" and upon perusing the earlier Judgment of this court dated 19/03/2021 and subsequent order passed and also requisition letter submitted by the I Additional District Judge(PCR), Tiruchirappalli, vide letter in D.No.1221, dated 06/08/2022, this court made the following order: This Court by judgment made in the above appeal suit, dated 19.03.2021, remitted the matter back to the trial Court to dispose of the suit in accordance with law, in a time bound manner. Since the learned Judge is unable to dispose of the case within the time granted by this Court, has sent a letter, dated 25.10.2021 seeking further six months time to dispose of the suit in O.S.No.253 of 2020 on its file.

Considering the request made by the learned Judge, this Court has also granted further four months time to dispose of the above suit, by order, dated 11.11.2021. Again the learned Judge seeks further time by letter, dated 25.05.2022 and this Court considering the said request, granted a months' time to dispose of the suit ie., on or before 29.07.2022 and to file a completion report before this Court on or before 1.8.2022. 2.Once again, the learned Judge has requested further time of four months by her letter, dated 6.8.2022. The reasons stated in her letter, dated 6.8.2022 are not satisfactory and hence this Court is not inclined to extend the time as sought for by the learned Judge and the request made by the learned judge seeking extension of time for the third time, is rejected.

3.In view of the above, the Registrar(General) of this Court is directed to call for explanation from the concerned Judicial Officer as to why the direction of this Court has not been duly complied with and to submit a report before this Court on or before 30.08.2022 and to take necessary action against the concerned Judicial Officer.

4.List the matter on 30.08.2022, for filing such report before this Court.

Sd/- Assistant Registrar(AS) // True Copy // 18/08/2022 Sub Assistant Registrar(CS) 2/3

TO

1. The Registrar General, High Court, Madras.

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

3. The I Additional District Judge (PCR) Tiruchirappali.

Copy to:

1. The Section Officer, 'B' Section, Madras High Court, Madras

2. The Section Officer, 'B' Section, Madurai Bench of Madras High Court, Madurai 3.The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai (For posting the Case) ORDER DATED : 17/08/2022 NEXT HEARING DATE : 30/08/2022 ==========================

ORDER

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

as stated within.

sun(CO) TR(18.08.2022) 3P 7C 3/3