Madras High CourtAS(MD)/124/2021disposed of

Ravikumar v. Sudha

2021-08-13Honourable Mr Justice G.R.Swaminathan2 pages

AS(MD). No.124 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Monday,the Twenty Second day of August Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice P.VELMURUGAN AS(MD). No.124 of 2021 Ravikumar ... Appellant/Ist Defendant Vs 1 Sudha ...I st Respondent/Plaintiff 2 Sumathi ... 2nd Respondent/2nd Defendant Prayer :- This Appeal Suit filed under section 96 of C.P.C., to set aside the judgment and decree passed in OS No.103 of 2016 on the file of the Principal District Judge, Dindigul dated 27.11.2020 and thus render justice.

ORDER:- This Petition coming on for orders on this day and upon perusing earlier order of this Court dated 08.04.2022, and direct the Court below to dispose the of the Case in IA No.87 of 2021, to extend the period of three months, and the requisition letter dated 10.08.2022 in D.No.6847 of 2022, submitted by the Principal District Judge, Dindigul, this Court made the following order: A perusal of the report filed by the learned Principal District Judge shows that for want of Commissioner's report, the matter is pending. It is unfortunate to say that either the Commissioner appointed by the trial Court or the trial Court failed to note that while disposing the matter, this Court has given a direction to the trial Court to conclude the case on merits and in accordance with law, within a period the six months from the date of receipt of a copy of the order. However, as usual with lethargic attitude both the trial Court and the Commissioner are taking their own time to dispose of the case.

2.This type of practice is highly contemptible. Though this Court is not satisfied with the report filed by the learned Principal District Judge, in order to give one more chance to both the Commissioner and also the trial Court, this Court is inclined to grant three months time to comply with the exercise, including to dispose of the matter on merits. Accordingly, three months time is https://www.mhc.tn.gov.in/judis 1/2

AS(MD). No.124 of 2021 granted and the same will not be extended further. If a request seeking extension of time is made before this Court in future, the same will be viewed seriously and the Commissioner and the trial Court would be at task.

Sd/- Assistant Registrar(CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) Myr TO The Principal District Judge, Dindigul ORDER DATED : 22/08/2022 ==========================

ORDER

========================== AS(MD). No.124 of 2021 Giving direction and etc.

as stated within.

SP(CO) TR(29.08.2022) 2P 2C https://www.mhc.tn.gov.in/judis 2/2