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Madras High CourtCMA(MD)/815/2021disposed of

Gandhimathi v. Kanchana Balasubramanian

2021-09-30Honourable Mrs Justice S.Ananthi (Retd.)2 pages

CMA(MD). No.815 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Friday, the Twenty Third day of December Two Thousand and Twenty Two PRESENT The Hon`ble Mrs.Justice N. MALA CMA(MD). No.815 of 2021 1.Gandhimathi

2. Rajeswari ... Appellants / Respondents 1 & 2 / Defendants 1 & 2.

Vs

1. Kanchana Balasubramanian ...1st Respondent / Petitioner/ Plantiff.

2. Vijaya

3. Aruna @ Krishnaveni

...Respondents 2& 3/Respondents 3&4/

Defendants 3 & 4.

(Since Respondents 2 & 3/Defendants 3 and 4 Remained Ex Parte in Trial Court they are given Up in this CMA) Prayer :- Civil Miscellaneous Appeal is filed under order 43 Rule 1 (r) CPC pleased to call for the records relating to the fair and decreetal order dated 26.04.2019 made in IA No.11 of 2017 in OS No.9 of 2017 on the file of learned Principal District Judge, Theni, set aside the same and allow this Civil Miscellaneous Appeal, and pass such further or other orders as this Honourable Court may deem fit and proper in the circumstances of the case and thus render justice. ORDER:- This Civil Miscellaneous Appeal Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon perusing Letter D.No.7254 dated 19.12.2022 from Principal District Judge, Theni, this Court made the following order:

"Registry has circulated a letter of the learned Principal District Judge, Theni, dated 19.12.2022, seeking to grant further extension of six months time to dispose of the suit in O.S.No.9 of 2017.

2.A detailed report of the hearing of the case, right from 1.10.2018, has been given in the Request Letter. It is seen that this Honourable Court had earlier extended the period for compliance https://www.mhc.tn.gov.in/judis 1/2

CMA(MD). No.815 of 2021 of the order of this Court on18.02.2022 by granting four months time and on 22.08.2022, this Court had granted further three months time. It is for the third time, extension of time is sought for by the learned Principal District Judge, Theni. As per the original order of this Court, the Honourable High Court had already granted 4 months and there after totally seven months time was granted by the above said orders, to dispose of the case in O.S.No.9 of 2017. The learned Principal District Judge, Theni has now sought for further extension of six months time. This Court is not inclined to grant six months time as prayed for.

3.Considering the above said request, the Principal District Judge, Theni is granted further four months time to dispose of the suit in O.S.No.9 of 2017. It is made clear that no further extention of time will be entertained by this Court.

Sd/- Assistant Registrar (CS I) // True Copy // /01/2023 Sub Assistant Registrar(CS) TO The Principal District Judge, Theni.

Copy to:

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

ORDER DATED : 23/12/2022 ==========================

ORDER

========================== CMA(MD). No.815 of 2021 ED(05.01.2023) 2P 3C https://www.mhc.tn.gov.in/judis 2/2