M.S.Askanthar Sherif @ M.Irfan v. S.Murugavel

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Thursday, the Twenty Eighth day of February Two Thousand Nineteen PRESENT The Honourable Mrs.Justice S.RAMATHILAGAM CRP(MD) No.1397 of 2018 M.S.ASKANTHAR SHERIF @ M.IRFAN ... REVISION PETITIONER/ PETITIONER/DEFENDANT Vs S.MURUGAVEL ... RESPONDENT/RESPONDENT/ PLAINTIFF PRAYER : Civil Revision Petition filed under Section 115 of Code of Civil Procedure, against the fair and decreetal order dated 10.07.2017 passed by the learned III Additional Subordinate Judge, Madurai in I.A.No.721 of 2016 in O.S.No.591 of 2013. ORDER : This Petition coming on for hearing on this day, upon perusing the earlier order of this Court dated 31.08.2018 and the requisition letter submitted by the III Additional Subordinate Judge, Madurai, vide D.No.207 of 2019 dated 30.01.2019, this Court made the following order:- The matter has been listed today under the caption 'for extension of time'.

2. This Court by order dated 31.08.2018 in the Civil Revision Petition, has directed the learned III Additional Subordinate Judge, Madurai, to dispose of the proceedings in O.A. No. 591 of 2013, within a period of three months.

3. Now, the learned III Additional Subordinate Judge, Madurai, vide letter dated 30.01.2019, has requested extension of time stating that the case was posted for trial on 12.11.2018, but, there was no representation on behalf of the plaintiff, the case was adjourned to 14.11.2018. In the meantime, the plaintiff filed a petition under Order 17 R1 CPC on 14.11.2018, 19.11.2018, and the case was adjourned respectively and on 17.12.2018 the plaintiff examined as P.W.1 and the case was posted to cross of P.W.1 by 19.12.2018. On 19.12.2018 the P.W.1 was examined in cross in part and the case was posted for further cross by 02.01.2019. The learned III Additional Subordinate Judge, Madurai stated that, on 02.01.2019, P.W.1 was present and examined in cross in full, and the case was posted for further P.Ws by 05.01.2019. On 05.01.2019, the plaintiff was not present and there was no representation and hence https://hcservices.ecourts.gov.in/hcservices/

the case was re-posted for further PWs by 07.01.2019. On 07.01.2019, the plaintiff filed a petition to receive the additional documents and the same was numbered as I.A. No. 10 of 2019 and I.A. No.11 of 2019 and he further submitted that on 22.01.2019 the IAs were allowed and P.W.1 present and additional proof affidavit was filed and Ex.A.9 marked and now the case is posted for marking further document and cross by 28.01.2019.

4. Hence, time is extended for one month and the learned III Additional Subordinate Judge, Madurai, is directed to dispose of the Petition, within three months, from the date of receipt of this order.

Sd/- Assistant Registrar (CS-II) /True Copy/ Sub Assistant Registrar TO THE III ADDITIONAL SUBORDINATE JUDGE, MADURAI.

ORDER DATED : 28.02.2019 EXTENSION OF TIME CRP(MD) No.1397 of 2018 TE : 13/03/2019 : 2P/2C https://hcservices.ecourts.gov.in/hcservices/