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Madras High CourtAS(MD)/218/2018allowed

V.Vinotha, v. Vinayagam,

2021-02-26Honourable Mr Justice N. Sathish Kumar2 pages

AS(MD)NO.218 OF 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT CIVIL APPELLATE JURISDICTION WEDNESDAY, THE TWENTY NINTH DAY OF JUNE TWO THOUSAND AND TWENTY TWO PRESENT THE HON`BLE MR.JUSTICE P.VELMURUGAN AS(MD)NO.218 OF 2018 1.V.Vinotha 2.V.Vishal (minor) ... Appellants/Plaintiffs (Rep. By his mother N.Indira) Vs 1.Vinayagam 2.St.Alphonsa Higher Secondary school, Rep. By its Correspondent, Rev.Thomas Pouth Parambil, No.8, A.R.Camp Road, Nagercoil Village, Agasteeswaram Taluk, Kanyakumari District.

3.V.Sujatha ... Respondents/Defendants Prayer :- Appeal Suit filed under Section 96 of the Civil Procedure Code, against the Judgment and Decree dated 13.07.2018 passed in O.S.No.92 of 2017 on the file of the Principal District Judge, Kanyakumari District at Nagercoil.

ORDER:- This Civil Revision Petition coming on for orders on this day under the caption "for extension of time" and upon perusing the earlier orders of this Court dated 26.02.2021, 22.10.2021 and 10.01.2022 and requisition letter submitted by the Principal District Judge, Kanyakumari at Nagercoil, vide letter in D.No.4245/22, dated 06.05.2022, this Court made the following order:- When the matter came up before this Court on 17.06.2022, this Court called for some report from the Registrar(Judicial) and he has also submitted the said report before this Court. 2.Now the learned counsel for the appellants would submit that the matter is remitted back to the trial Court for disposal of the suit within the time stipulated by this Court. Therefore the trial Court is seeking extension of time.

Now the learned counsel for the appellants would submit that they have filed an I.A in the said suit and challenging the order made in the said I.A, they have filed Civil Revision Petition in C.R.P(MD)No.1170 of 2022 before this Court and the proceedings of the trial Court has been stayed. Therefore, the trial Court is not able to dispose of the case within https://www.mhc.tn.gov.

AS(MD)NO.218 OF 2018 the stipulated time already granted by this Court and therefore sought for extension of time.

3.Therefore, the time is extended by another three months from the date of receipt of a copy of this order. Registry is directed to appraise the fact before the Portfolio Judge, in which Court the above said Civil Revision Petition is pending regarding the stipulation of time and remanding the matter back to the trial Court.

Sd/- Assistant Registrar (CS-II) // True Copy // /07/2022 Sub Assistant Registrar(CS) To The Principal District Judge, Kanyakumari District at Nagercoil.

Copy to:

1.The Registrar (Judicial), Madurai Bench of Madras High Court, Madurai.

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

ORDER DATED : 29/06/2022 ========================== EXTENSION OF TIME ========================== AS(MD)No.218 of 2018 Giving direction and etc.

as stated within.

KS(CO) GC(07.07.2022) 2P 4C https://www.mhc.tn.gov.in/judis 2/2