Savithriammal (Died), v. Neethirajan (Died) 1. Satyabama,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Civil Appellate Jurisdiction) Wednesday, the Eleventh day of August Two Thousand and Twenty One PRESENT The Hon'ble Mr.Justice K.Murali Shankar Savithriammal(Died) 1 Mr.Nagendran Kamak ... Petitioners/Petitioners/Plaintiff Vs Neethirajan (Died) 1 Satyabama Krishna moorthy (died) Harichandran (died) Rajeswari (died) 2 Chinnathai @ Ashotha 3 Janarthanan 4 The District Official Receiver, Tirunelveli at Kokkarakulam, Tirunelveli Gangai @ Ganga Devi (Died) 5 H.Sukumaran 6 H.Kudiyarasu N.Nallammal @ Manonmani (died) 7 Janaki 8 Valliammal 9 K.Sathiyavan 10 K.Kannan 1/3
11 K.Mukunthan 12 Murali 13 Niraimathi 14 Muthukrishnan 15 Anbukarasi 16 Tamilarasi 17 Mrs.Chandraleka 18 Sivakumar 19 Saravanan 20 Mankani
...Respondents/Respondents/Defendants
Prayer :- This Civil Revision Petition is filed under Article 227 of Constitution of India praying this court to issue a direction to the Court of the Learned District Munsif, Kovilpatti to expedite and complete the proceedings in the FINAL DECREE application pending in IA.No.935 of 2000 in OS.No.335 of 1996 (Old IA.No.222 of 1989 in OS.No.39 of 1965 on the file of the Sub Judge, Thoothukudi) by taking all necessary measures including the appointment of a fresh advocate Commissioner within a reasonable time period to be determined by this Honourable Court.
ORDER:- This Civil Revision Petition coming on for hearing on this day, upon perusing the earlier order of this Court dated 31/03/2021 and the requisition letter submitted by the District Munsif, Kovilpatti in D.No.255/2021 dated 14/07/2021, requesting Extention of time for 8 weeks and hearing the arguments of M/s. Dilipkumar for the Petitioner this court made the following order this Court made the following order.
Today, this case is listed under the caption "Extension of Time for Trial Court".
2.It is evident from the records that this Court vide order dated 31.03.2021, has directed the learned District Munsif, Kovilpatti, to dispose of I.A.No.935 of 2000 in O.S.No.335 of 1996 within a period of eight (8) weeks from the date of receipt of a copy of this order. Subsequently, the learned District Munsif, Kovilpatti, has submitted a requisition dated 14.07.2021, stating that the petitioner has failed to appear before the Court and was 2/3
evading the Court proceedings and seeks further eight(8) weeks time for disposal of the said case.
3.The learned counsel for the petitioner would submit that due to COVID-19 lock down, the petitioner was unable to attend the Court and on the hearings 28.07.2021 and 04.08.2021, he has appeared and also filed a memo reporting the death of D7 and steps are being taken. He would further submit that the learned District Munsif has issued notice to the proposed parties and hence three months may be granted to the learned District Munsif, Kovilpatti, to dispose of the case.
4.Considering the above, this Court is inclined to extend the time for three months. Accordingly, three(3) months time is granted to the learned District Munsif, Kovilpatti, to dispose of the I.A.No.935 of 2000 in O.S.No.335 of 1996 from the receipt of copy of this order.
Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) tta TO 1.The District Munsif, Kovilpatti.
2.The Sub Judge, Thoothukudi.
Copy to:
The Registrar (Judicial), Madurai Bench of Madras High Court, Madurai.
+ 1 CC, MR.N.Dilipkumar, Advocate in SR.No.25956 ORDER DATED : 11/08/2021 ============================
ORDER
============================ Giving direction and etc.
as stated within.
RK (25.08.2021) 3P 5C 3/3