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Madras High CourtCMP(MD)/164/2019dismissed

Shri Kovilvadaviyasar R.Lakshm v.

2019-02-11Honourable Mrs Justice S. Ramathilagam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Monday, the Eleventh day of February Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice S.RAMATHILAGAM CMP(MD) No.164 of 2019 IN CRP(MD) No.789 of 2018 1 SHRI KOVIL VADAVIYASAR R.LAKSHMI NARAMASIMMAH BHATTAR SWAMIGAL.

2 SHRI KOVIL VEDAVIYASAR L.SENTHAMARAIKANNAN BHATTAR SWAMIGAL, RESIDING AT KOVIL VEDAVYASA BHATTAR PERIYA THIRU MALIGAI AADHEENAM, 131, NORTH UTHARA ST.

SRIRENGAM, TRICHY.

... PETITIONERS/PETITIONERS Vs THE IDOL ARULMIGHU RENGANATHAR SAMY DEVASTHANAM REP. BY ITS EXECUTIVE OFFICER/JOINT COMMISSIONER ... RESPONDENT/RESPONDENT PRAYER IN CMP(MD)NO.164 OF 2019:

Civil Miscellaneous Petition is filed under Section 148 of Civil Procedure Code, praying this Hon'ble Court, to extend the time for compliance of the orders passed by this Hon'ble Court in CRP(MD)No.789 of 2018 dated 12.04.2018.

PRAYER IN CRP(MD)No.789 OF 2018:

Civil Revision Petition is filed under Article 227 of Constitution of India, praying this Hon'ble Court, to set aside the fair and decreetal order dated 15.12.2017 made in I.A.No.923 of 2018 in I.A.No.77 of 2013 in O.S.No.1059 of 2012 on the file of learned Principal District Munsif Court, Tiruchirappalli. ORDER : This Civil Revision petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.C.JEGANATHAN, Advocate for the petitioner, this court made the following order:- This Civil Miscellaneous Petition has been filed to extend the time for compliance of the order passed by this Court in C.R.P (MD).No.789 of 2018 dated 12.04.2018.

2.This Court by order dated 12.04.2018 in C.R.P(MD).No.789 of 2018, after considering the right of the parties and also nature of the suit, directed the revision petitioners/plaintiffs to https://hcservices.ecourts.gov.in/hcservices/

approach the third defendant in person or by way of representation seeking copy of the documents and if the third defendant failed to produce any document, if it is available with them, the petitioners will approach the Court. Therefore, the petitioners are given liberty to make a representation to the respondent/third defendant within a week from the date of receipt of a copy of this order. On receipt of representation seeking the petition mentioned property, the respondent/third defendant is directed to consider the same within a period of three weeks, thereafter.

3.The said order passed by this Court on 12.04.2018 and the same was expired on 14.07.2018. Now, the petitioner filed this Civil Miscellaneous Petition for extension of time. In the said petition, the petitioner stated that he was suffering from viral fever, whereas, the petitioner has not filed any document to prove the said reason for not complying the order.

4.It is observed that if really the petitioner is very much interested in getting the documents from the third defendant, he would have taken the step at the earliest. This Court finds that the petitioner has no interest to proceed with the direction of this Court and seeking unnecessary time only for the purpose of delay proceedings.

5.In view of the above, this Civil Miscellaneous Petition is dismissed.

Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS) TO

1. The Principal District Munsif, Trichirappalli. +1. C.C. to M/S.C.JEGANNATHAN, Advocate SR.No.46458 Dated :11/02/2019 ORDER MADE IN CMP(MD) No.164 of 2019 IN CRP(MD) No.789 of 2018 TR (07.03.2019) 2P 3C https://hcservices.ecourts.gov.in/hcservices/