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Madras High CourtCRP(MD)/922/2020allowed

A.Ponnammal v. V.Shunmugaraj

2020-11-27Honourable Mr Justice N. Seshasayee3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Civil Appellate Jurisdiction) Monday, the Twenty Eighth day of June Two Thousand and Twenty One PRESENT The Hon`ble Mr. Justice K. MURALI SHANKAR CRP(MD). Nos.922 and 923 of 2020 A.Ponnammal ... Petitioner/3rd Respondent in both petitions Vs 1 V.Shunmugaraj 2 V.Rajendran ...Respondent Nos.1 & 2/Appellants Nos. 1 & 2 3 Dharmaraj 4 Selvaraj 5 Thimmiah @ Mathavan 6 Chokalingam 7 Kandasamy 8 Gurusamy 9 Chennammal 10 Ganesan 11 Gurusamy 12 Vijayalakshmi 13 Krishnaveni 14 Rama Moorthy 15 Muthu Sankareshwari 16 V.Selvaraj ...Respondents Nos.3 to 16/Respondents Nos. 2 to 15 -IN CRP NO.922 OF 20201. Gurusamy

2. V. Selvaraj

3. V.Shunmugaraj

4. V.Rajendran

5. Dharmaraj 6.Selvaraj

7. Thimmiah @ Mathavan 8.Chokalingam Shanmugaraj (died)

9. Kandasamy

10. Chennammal

11. Ganesan 12.Gurusamy

13. Vijayalakshmi

14. Krishnaveni 15.Rama Moorthy

16. Muthu Sankareshwari

...Respondents Nos. 3 to 16/Respondents Nos. 2 to 15

-IN CRP NO.923 OF 2020Prayer in C.R.P.(MD).No..922 of 2020 This Petition filed u/s 227 of Constitution of India to direct the learned Principal Sub Judge, Tuticorin District to dispose of the A.S. No.106 of 2018 within Stipulate time as directed by this Court.

Prayer in C.R.P.(MD).No..923 of 2020 This Petition filed u/s 227 of Constitution of India to direct the learned Principal Sub Judge, Tuticorin District to dispose of the A.S. No.104 of 2018 within Stipulate time as directed by this Court.

ORDER:- These Civil Revision Petitions coming up for orders on this day and upon perusing the earlier order of this Court dated 27/11/2020, and letter in D.No.368/2021, dated 30/04/2021, received from the Principal Sub Judge, Tuticorin Distirct for seeking further Four Months time to dispose the case and upon hearing the arguments of Mr. I. Pinaygash, Advocate for the Petitioner, this Court made the following order:

The matter is posted today under the caption "for extension of time".

2. It is seen from the records that this Court vide order dated 27.11.2020 has directed the trial Court to dispose of the appeal suits in A.S.Nos.106 of 2016 and 104 of 2018, within a period of four months from the date of receipt of a copy of that order, at any rate, not later than 30.04.2021.

3. The learned Subordinate Judge has submitted a requisition letter dated 30.04.2021 stating that the appeal suits are pending for taking steps for the death of Dharmaraj, who is the second respondent in A.S.No. 106 of 2016 and 4th respondent in A.S.No.104 of 2012.

4. Considering the facts and circumstances and also considering the reasons assigned, this Court is inclined to extend the time as sought for by the Trial Court. Accordingly, four months time is granted to dispose of the the appeal suits in A.S.Nos.106 of 2016 and 104 of 2018, from today.

Sd/- Assistant Registrar (CSIII) // True Copy // / /2021 Sub Assistant Registrar(CS) TO The Sub Judge, Tuticorin District.

Copy to:

The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai - 23.

ORDER DATED : 28/06/2021 ==========================

ORDER

========================== CRP(MD). No.922 & 923 of 2020 Giving direction and etc.

as stated within.

KB(06.07.2021) 3P 3C