Madras High CourtCMP(MD)/7488/2022ordered

P. Johnson, v. J. Pathmavathi,

2022-08-24Honourable Mrs Justice R. Tharani2 pages

CMP(MD)No.7488 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Wednesday, the Twenty Fourth day of August Two Thousand and Twenty Two PRESENT The Hon`ble Mrs.Justice R.THARANI CMP(MD)No.7488 of 2022 in CMA(MD)No.664 of 2021 1.P.Johnson 2.P.G.Chandrasekar 3.A.Selvan Dhanaraj (Rep. Through her power of attorney the 2nd Petitioner P.G.Chandrasekar 4.P.G.Arulraj ... Petitioners/Appellants Vs J.Pathmavathi ... Respondent/Respondent Prayer in CMP(MD)No.7488 of 2022 :- Civil Miscellaneous Petition filed under Section 148 of C.P.C., to direct the first Additional District Judges Court, Thoothukudi, to dispose of the suit, O.S.No.47/2017 itself within an extended period of 12 months from the date of the receipts of the copy of the order with fell on 24.12.2021, it is to dispose the suit itself on or before 24.12.2022 and to pass such other orders, as this Honourable Court deems fit and proper, under the circumstances of this case and thus render justice.

Prayer in CMA(MD)No.664 of 2021:- Civil Miscellaneous Appeal filed under Order 43 Rule 1 of Civil Procedure Code, against the fair and decreetal order dated 08.01.2021 passed in I.A.No.82 of 2018 in O.S.No.47 of 2017, on the file of the I Additional District Judge, Thoothukudi.

ORDER:- This Civil Miscellaneous Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.F.X.Eugene, Advocate for the Petitioner, this Court made the following order:- Records perused.

2.It is seen that already this Court in C.M.P.(MD)No.6282 of 2021 dated 24.08.2021, has passed an order to dispose of the entire https://www.mhc.tn.gov.in/judis 1/2

CMP(MD)No.7488 of 2022 suit within a period of four months from the date of receipt of a copy of this order. It is stated that sofar, the case was not disposed of by the learned Additional District Judge, Thoothukudi. 3.On the side of the petitioner it is stated that though this Court has directed the I Additional District Court to dispose of the matter within the prescribed time, the case was not disposed of. The I Additional District Court, Thoothukudi, has not approached this Court for extension of time.

4.In view of the submission made by the learned counsel for the petitioner and on perusal of the records, this Court directs the learned I Additional District Judge, Thoothukudi, to dispose of the suit in O.S.No.47 of 2017 within a period of three months from the date of receipt of a copy of this order.

5.Registry is directed to send a copy of this order to the learned I Additional District Judge, Thoothukudi, immediately. Sd/- Assistant Registrar (CS-II) // True Copy // /09/2022 Sub Assistant Registrar(CS) TO The I Additional District Judge, Thoothukudi.

+ 1 CC to M/s.F.X.Eugene, Advocate, SR.No.40193 ORDER DATED : 24/08/2022 ==========================

ORDER

========================== CMP(MD)No.7488 of 2022 in CMA(MD)No.664 of 2021 Giving direction and etc.

as stated within.

RD(01/09/2022) 2P 3C https://www.mhc.tn.gov.in/judis 2/2