A.Muthuraman v. Vivegeswari Arumugam

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Monday, the Twelfth day of February Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR A.Muthuraman Rajeswari Rajaram Rani ... Petitioners Vs 1 Vivegeswari Arumugam 2 Thothal Alias Vijayakumar ... Respondents Prayer :- Civil Revision Petition filed under Article 227 of constitution of India to set aside the Fair and Decreetal order dated 06.01.2018 passed in CMA.No.10 of 2017 on the file of the Additional Sub Court, Dindigul confirming the order dated 20.10.2016 passed in IA.No.782 of 2014 in OS.No.210 of 2014 on the file of District Munsif Court, Nilakottai, and allow the CRP.

ORDER:- This Civil Revision Petition coming on for hearing on this day under the caption for "Extension of time"and upon perusing the earlier order dated 08.08.2023 and the requisition letter submitted by theDistrict Munsif Court, Nilakottai,vide the letter in D.No.222/2024 dated 22.01.2024, this Court made the following order: This matter is listed today under the caption for 'extension of time'.

2. In pursuance of the direction of this Court, the learned District Munsif, Nilakottai, has submitted a report stating that I.A.No.239 of 2017 is the counter 1/3

claim; that issues were framed in the counter claim on 29.01.2024; that the suit as well as the counter claim were posted in the special list on 01.02.2024; that since the counter claimants were not ready, the counter-claim was dismissed for default on the said date and they were set ex-parte in the suit; that the plaintiff's side witnesses have already been examined and that the case is posted for arguments on 09.02.2024.

3. Considering the reasons assigned, this Court is inclined to grant two months time to dispose of the suit.

4. Accordingly, the learned District Munsif, Nilakottai, is hereby directed to dispose of the suit in O.S.No.210 of 2014 within a period of two months from the date of receipt of copy of this order.

Sd/- Assistant Registrar (CS-III) // True Copy // /02/2024 Sub Assistant Registrar (CS-I / II / III / IV) das TO

1. The District Munsif, Nilakottai.

2. The Additional Sub Judge, Dindigul.

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Copy to:

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

ORDER DATED : 12/02/2024 ========================== Extension of Time ========================== Giving direction and etc.

as stated within.

RD(19/02/2024) 3P / 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 3/3