S.Sankar @ Vellaiyan v. Balakrishnan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Civil Appellate Jurisdiction) Tuesday, the Twenty Second day of December Two Thousand Twenty PRESENT The Hon`ble Mr.Justice M.GOVINDARAJ S.Sankar @ Vellaiyan ... Appellant/1st Respondent/ 1st Defendant Vs 1 Balakrishnan 2 Vasantha (Died) 3 Velvizhi 4 Naga Karthikeyan 5 Swaminathan ... Respondents No.1 to 5/Appellants / Plaintiffs No.1 & 3 to 6/ (4th and 5th respondents through their mother and Guardian Vasantha) 6 Arukkani Ammal ... 6th Respondent/2nd Respondent/ 2nd Defendant 7 R.Velusamy 8 K.Mani ... Respondents No.7 & 8/ Respondents No.3 & 4/Defendants 3 & 4 (Respondents 3 to 5 brought on record as LRs of the deceased 2nd Respondent) & (Respondents 4 & 5 declared Major and Guardian discharged vide order dated 11/08/2009 and made in S.A.(MD) No.

476/09) Prayer :- Second Appeal filed Under Section 100 of the Civil Procedure Code by setting aside the judgement and decree dated:01/12/2008, passed in A.S.No.45 of 2006, on the file of the Sub Court, Palani, and confirm the judgement and decree dated 26/06/2006, passed in O.S.No.1280 of 2004 on the file of the District Munsif Court, Palani.

ORDER:- This Appeal coming on for extension of time on this day and upon perusing the petition and upon perusing the earlier order of this court and the requisition letter submitted by the Principal 1/3

District Judge, Dindigul vide the Letter in D.No.6887 of 2020 dated 14/12/2020 upon hearing the arguments of Mr.C.Jeganathan, (for M/s.Veera Associates)Advocate for the Appellant and of Mr. Vel Pradeep, for the respondents 4 & 5, and Mr.C.Gunasekaran, Advocate for R6, this Court made the following order:

This appeal has been listed today for extension of time for disposing the suit in O.S.No.1280 of 2004, on the file of the District Munsif Court, Palani.

2. This Court has already disposed of the Second Appeal by order, dated 30.06.2020, directing the trial Court to restore and dispose of O.S.No.1280 of 2004 within the time limit. Now, the Court below seeks further more time for disposing the said Suit. Hence, the matter is listed today.

3. Considering the averments made by the trial Court, this Court is inclined to extend time further.

4. Accordingly, the time for disposing O.S.No.1280 of 2004, is extended for a further period of two months from the date of receipt of a copy of this order. No further extension will be given.

Sd/- Assistant Registrar(CS-I) // True Copy // / /2020 Sub Assistant Registrar(CS) To

1) The Principal District Judge, Dindigul.

2) The Subordinate Judge, Palani.

3) The District Munsif,Palani.

Copy to:

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

(For Information) ORDER DATED : 22/12/2020 ==========================

ORDER

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

as stated within.

ss(CO) TR(31.12.2020) 2P 5C 2/3

(CO) TR(31.12.2020) 3P C 3/3