Madras High CourtSA(MD)/180/2016allowed

R.Shanmugham, v. Rajalingam

2024-10-29Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.02.2026

CORAM:

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR S.A.(MD).No.180 of 2016 1.R.Shanmugham 2.A.Marudhamuthu N.Yelumalai (died) 3.Palaniammal 4.Jayalakshmi 5.Sathishkumar : Appellants (cause title accepted vide order of this Court, dated 31.07.2007) /Vs./ 1.Rajalingam 2.Mahesh 3.Ganesh @ Kanakasundaram (died) 4.G.Kuppammal 5.S.Nagamani 6.G.Mahadevi 7.G.Mahalakshmi 8.G.Ananthi 1/4

9.G.Suganthi 10.G.Gunasundari : Respondents (R 4 to R 10 are brought on record as legal heirs of the deceased third respondent vide order of this Court, dated 22.11.2019) P RAYER : Second Appeal filed under Section 100 of the Civil Procedure Code, to set aside the judgment and decree, dated 08.12.2005 made in A.S.No.86 of 2003 on the file of the II Additional Subordinate Judge, Tiruchirappalli, confirming the judgment and decree, dated 23.10.2003 made in O.S.No.2145 of 1993 on the file of the II Additional District Munsif Court, Tiruchirappalli.

JUDGMENT

This matter is listed today under the caption for extension of time.

2. It is seen from the records that this Court vide order, dated 29.10.2024, directed the learned First appellate Judge to dispose of the appeal on merits in accordance with law within a period of three months. The learned II Additional Subordinate Judge, Tiruchirappalli, has submitted a requisition seeking extension of time and this Court vide order, dated 19.08.2025 granted three months further time. Subsequently, the learned Subordinate Judge submitted a requisition, dated 06.01.2026, stating that the documents were found missing and proceedings for re-construction had already been initiated and seeks three months further time. 2/4

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

4.Accordingly, the learned II Additional Subordinate Judge, Tiruchirappalli, is hereby directed to dispose of the appeal in A.S.No.86 of 2003 within a period of three months from the date of receipt of copy of this order. 16.02.2026 NCC :Yes/No Index :Yes/No Internet : Yes/ No das To:

1.The Principal District Judge, Trichy.

2.The II Additional Subordinate Judge, Trichy. 3.The II Additional District Munsif Cout, Trichy.

4. The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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K.MURALI SHANKAR,J.

DAS S.A.(MD).No.180 of 2016 Dated: 16.02.2026 4/4