S.Shanthi v. Prayog Projects

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Friday, the Sixth day of June Two Thousand and Twenty Five PRESENT The Hon`ble Mr.Justice K.MURALISHANKAR CMA.(MD). No.887 of 2024 S.Shanthi ... Appellant/Respondent/Defendent -Vs. - Prayog Projects, Rep. by its Authorized Signatory Thiru.C.Sugumar, Having Office At No.180, Capital Towers, Dr.M.G.R.Road, Nungampakkam, Chennai.

... Respondent/Appellant/Plaintif Prayer in CMA(MD).887/2024 :

This Civil Miscellaneous Appeal filed under section 104 R/W order 43 Rule 1(r) of C.P.C, to set aside the order dated 27.03.2024 passed by the Learned Principal District Judge, Tenkasi, in I.A.No.3 of 2024 in O.S.No.8 of 2024. ORDER:- This Petition coming on for orders on this day and upon perusing the earlier order of this Court dated 14.10.2024 and subsequently granted time and now the requisition letter submitted by the Principal District Judge, Tenkasi vide his the Letter in D.No.3385/2025, dated 23.04.2025, seeking further six months time for dispose of the case O.S.No.47 of 2024, this Court made the following order:

Today, this case is listed under the caption for "Extension of Time for Trial Court".

2. It is seen from the records that this Court, vide judgment dated 14.10.2024, directed the learned Principal District Judge, Tenkasi to dispose of the suit in O.S.No.47 of 2024 within a period of three months from the date of filing of the written statement by the appellant/defendant.

3. Now, the learned Principal District Judge, Tenkasi, has submitted a requisition dated 23.04.2025 stating that the written statement was filed by the appellant/defendant on 14.06.2024 even before the receipt of order of this Court and that subsequently when the case was pending for respondent/plaintiff's side further evidence, the respondent/plaintiff has filed an application for appointment of Advocate Commissioner and the same came to be dismissed on 01.04.2025 and thereafter the respondent/ plaintiff has filed an application to stay further proceedings on the ground that he is going to prefer a revision against the order dismissing the application filed under Order 26 Rule 9 C.P.C. and the case stands posted to 24.04.2025.

4.Considering the reasons assigned, the learned Principal District Judge, Tenkasi, is directed to proceed with the trial and dispose of the suit within a period of three months from the date of receipt of a copy of this order. Sd/- Assistant Registar(CS II) // True Copy // / /2025 Sub Assistant Registrar (CS- I/ II / III / IV) TO The Principal District Judge, Tenkasi.

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

ORDER DATED : 06/06/2025 ==========================

ORDER

========================== CMA(MD). No.887 of 2024 Giving direction and etc.

as stated within.

MGJ (17.06.2025) 3P/ 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023