Madras High CourtCMA(MD)/575/2021disposed of

R.Vijayaragavan v. S.Rajeskanna

2021-11-30Honourable Mrs Justice S.Ananthi (Retd.)2 pages

CMA(MD). No.575 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Thursday, the Seventeenth day of November Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice K. MURALISHANKAR CMA(MD). No.575 of 2021 R.Vijayaragavan ... Petitioner/Appellant/Plaintiff Vs S.Rajeskanna ... Respondent/Respondent/3rd Defendant Prayer :- Civil Miscellaneous Appeal filed under order 43 Rule 1(1) (r) CPC. Pleased to set aside the judgment and decree dated 29.03.2021 passed in IA No.01 of 2020 in OS No.105 of 2020 on the file of 2nd Additional District Court, Thoothukudi and allow the Civil Miscellaneous Appeal and pass such further or other orders as this Honourable Court may deem fit and proper in the circumstances of this case and render justice.

ORDER:- This Civil Miscellaneous Appeal coming on for orders on this day under the caption for "Extension of time for Lower Court"and upon perusing the earlier order of this Court dated 14/06/2022 and requisition letter submitted by the II Additional District & Sessions Judge, Thoothukudi vide letter in D.No.900/2022, dated 07/11/2022, this Court made the following order: "Today, this case is listed under the caption for "Extension of Time for Lower Court".

2. It is seen from the records that this Court vide order dated 30.11.2021 has directed the trial Court to dispose of the suit in O.S.No.105 of 2020 within a period of three months from the date of receipt of copy of that order. Subsequently, at the instance of the learned II Additional District and Sessions Judge, three months further time have been granted vide order dated 14.06.2022. Thereafter, the learned II Additional District and Sessions Judge has submitted a requisition dated 07.11.2022 stating that both sides are not co-operating for the disposal of the suit within the time stipulated and seeks three months further time to dispose of the case.

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CMA(MD). No.575 of 2021

3. Considering the reasons assigned, three months further time is granted from the date of receipt of a copy of this order. Both the parties are directed to extend their fullest co-operation for the disposal of the suit within the time stipulated." Sd/- Assistant Registrar (CS-I) // True Copy // /11/2022 Sub Assistant Registrar(CS) TO THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, THOOTHUKUDI Copy to:

The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai ORDER DATED : 17/11/2022 ========================== EXTENSION OF TIME ========================== CMA(MD). No.575 of 2021 Giving direction and etc.

as stated within.

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