M/S.Sashwath Construction Pvt. v. V.Bose,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Monday, the Eleventh day of March Two Thousand Twenty Four PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR

1. M/s.Sashwath Construction Private Limited, Represented by its Managing Director, Chandramauli, S/o. Late Annadurai, No.9/A Vellai Vinayagar Koil Street, S.S.Colony,

2. M/S. Viswas Promoters (P) Ltd., Represented by its Managing Director, S.Seetharaman, S/o. Shankaran, Andalpuram, T.P.K.Road, Madurai.

3. Chandramouli, S/o. Late Annadurai, M/S. Sashwath Construction Company Ltd., No.9A, Villai Vinayagar Koil Street, S.S.Colony, Madurai.

4. Suganya ... Petitioners/Respondents 18, 19, 21 and 22 /Defendants 18, 19, 21, 22 1/6

-vs1. V.Bose ... 1st Respondent/Petitioner/Plaintiff

2. K.P.S.Selvaraj

3. K.P.S.Manoharan

4. K.P.S.Sivakumar

5. K.P.S.Muneeswaran

6. Minor Santhoshkumar, Represented by his father and guardian K.P.S.Muneeswaran, Residing at Saro Vihar Appartments, 9-B/3, Vallabhai Road, Chokkikulam,

7. Minor Nithin Krishnan, Represented by his father and guardian, K.P.S.Muneeswaran, Plot No.E-1, Vipra Appartments, Opposite to PTR Mahal Chokkikulam, Madurai.

8. Minor Lakshmi, Represented by her father and guardian, K.P.S.Muneeswaran, Plot No.E-1, Vipra Appartments, Opposite to PTR Mahal Chokkikulam, Madurai.

9. Maheswari

10. Minor Rajalakshmi, D/o.late Ilangovan Represented by her mother and guardian, Maheswari, Plot No.E-1, Vipra Appartments, Opposite to PTR Mahal Chokkikulam, Madurai.

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11. Muneeswaran

12. Muthumalini

13. Divya

14. Nivetha

15. Sharmila

16. Jegan Rajkumar

17. Sumi

18. Srinithi ... Respondents 2 to 18/ Respondents 1 to 17/Defendants 1 to 17

19. Thangakalyani ... 19th Respondent/ 20th Respondent/ 18th Defendant

20. R.Sakthivel

21. Union Bank of India, Kochadai Branch,

22. C.Annapoorani

23. C.Seenivasan

24. S.Vijayalakshmi

25. D.Guruvammal

26. Parameswari

27. Dhanalakhsmi

28. Rajendran

29. Kathiresan

30. Sekar

31. Parvathiammal ... Respondents 20 to 31/Respondents 23 to 34/ Defendants 23 to 34 (Since Respondents 2 to 31 remained ex parte before the trial Court, notice to them may kindly be dispensed) PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, against the fair and decreetal order of the learned Principal District Judge, Madurai passed in I.A.No.76 of 2015 in Unnumbered suit in O.S.No.Nil of 2015 which has subsequently been taken on file before the said Court and numbered as O.S.No.134 of 2018 on 19.04.2018.

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ORDER:- This Civil Revision Petition is coming on for orders on this day under the caption "Extension of time" and upon perusing earlier orders of this Court dated 07.09.2023 and 02.01.2024 and the requisition letter submitted by the Principal District Judge, Madurai in D.No.1997 Dated 1.3.2024 seeking further extension of time to dispose the case in I.A.No.76 of 2015 in O.S.No.134 of 2018 on the file of the Principal District Court, Madurai, this Court made the following order:- " 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 07.09.2023, directed the learned Principal District Judge, Madurai to dispose of the application in I.A.No.76 of 2015 afresh on merits within a period of six weeks from the date of receipt of copy of that order. Subsequently, at the request of the learned Principal District Judge, this Court vide order, dated 02.01.2024, has granted two months further time. The learned Principal District Judge, Madurai, has submitted a requisition, dated 01.03.2024, stating that there are 34 respondents and service is pending for some of the respondents and as such, he could not dispose of the case within stipulated time and seeks three months further time.

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

4. Accordingly, the learned Principal District Judge, Madurai, is hereby directed to dispose of the application in I.A.No.76 of 2015 within a period of three months from the date of receipt of copy of this order. "

Sd/- Assistant Registrar( CS-I ) // True Copy // /03/2024 Sub Assistant Registrar (CS-I/II/III/IV) TO The Principal District Judge, Madurai.

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ORDER DATED : 11/03/2024 ==========================

ORDER

========================== SI-(15.03.2024) 6P/ 2C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 6/6