Madras High CourtCMA(MD)/175/2018disposed of

V.Kavurajan, v. K.N.Perumal (Died)

2023-04-06Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Wednesday, the Third day of January Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR 1.V.Kavurajan 2.K.Ganesan ... Petitioners/Appellants/Plaintiffs Vs 1 K.N.Perumal (Died) 2 A.Alagammal 3 N.Krishnan 4 Muniyasamy 5 Muthukrishnan 6 Mariyammal 7 Rajammal 8 Marichamy 9 Petchiammal 1/4

10 Veeramuthammal ... Respondents / Respondents / Defendants 11 Kandasamy 12 Alagammal 13 Jothi Lakshmi ... Respondent/Respondent/Defendants (11th to 13th Respondents are brought on record as Lrs of the deceased 1st Respondent vide court order dt 27.03.2023 made in CMP(MD) No.6371/2022 in CMA(MD) No.175/2018 ) Prayer:- Civil Miscellaneous Appeal filed under Order 43, Rule 1(r) of CPC against the ordr made in I.A. No.249 of 2016 in O.S. No.59 of 2016, dated 09.02.2018 on the file of the Principal District and Sessions Judge, Virudhunagar District at Srivilliputhur. ORDER:- This Civil Revision Petition coming on for hearing on this day in the caption for "Extension of time" and upon perusing the earlier order of this court dated 06.04.2023, and the requisition letter submitted by the Principal District Judge, Virudhunagar District at Srivilliputtur vide the letter in D.No.12255/ 2023 dated 22.12.2023, 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 order dated 06.04.2023, directed the learned Principal District and Sessions Judge, Virudhunagar District at Srivilliputhur to dispose of the suit in O.S.No.59 of 2016 on or before 31.12.2023. 2/4

3.The learned Principal District and Sessions Judge, Virudhunagar District at Srivilliputhur, has submitted a requisition dated 22.12.2023 stating that when the suit was in part-heard stage, the 7th defendant was reported dead and steps were taken and after consequential amendment, the case is now pending for P.W.1 crossexamination and seeks further time to dispose the suit. But the learned Principal District and Sessions Judge, Virudhunagar District at Srivilliputhur has not specified the time limit required for disposing the case. 4.Considering the reasons assigned, the learned Principal District and Sessions Judge, Virudhunagar District at Srivilliputhur, is hereby directed to dispose of the suit in O.S.No.59 of 2016 within a period of four months from the date of receipt of a copy of this order.

Sd/- Assistant Registrar(CS II) // True Copy // /01/2024 Sub Assistant Registrar (CS - I/ II / III /IV) 3/4

TO The Principal District Judge, Virudhunagar District ORDER DATED : 03/01/2024 ========================== Extension of Time ========================== Giving direction and etc.

as stated within.

MK/24.01.2024 4P 2C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4