Madras High Court
Nallasamy vs Saraswathi on 19 January, 2021
C.M.A.No.2247 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.01.2021
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
C.M.A.No.2247 of 2014
and
M.P.No.1 of 2014
Nallasamy ..Appellant
Vs.
1.Saraswathi
2.Venkatayammal
3.Subbayammal
4.Thulasiammal
5.Sampooranam
6.Valliammal
7.Pappathi
8.Pappathi ..Respondents
Prayer : Civil Miscellaneous Appeal filed under Order 43 Rule 1(u) of
C.P.C., against the Judgment and Decree of the Learned Principal
District Judge, Erode in A.S.No.100 of 2013 dated 22.04.2014 in
reversing the fair and final order passed by the II Additional Sub Court,
Erode in I.A.No.261 of 2013 in O.S.No.115 of 2011 dated 12.07.2013.
1/4
https://www.mhc.tn.gov.in/judis/
C.M.A.No.2247 of 2014
For Appellant : Mr.J.Prithivi
For Mr.S.Kaithamalai Kumaran
For Respondents : Mr.A.Sundaravadhanan
[For R1]
Mr.D.Kanagasundaram
[For R6]
Ex-Parte – R2 to R5, R7 & R8
JUDGMENT
In view of the orders passed in Civil Revision Petition in
C.R.P.No.3425 of 2013, the matter has to be adjudicated by the trial
Court by affording opportunity to all the parties concerned and on
merits. The First Appellate Court also remanded the matter back to the
Trial Court for re-trial and for adjudication.
2. This being the factum, no further consideration is required with
reference to the grounds raised in the civil miscellaneous appeal and
accordingly, the judgment and decree passed in A.S.No.100 of 2013
dated 22.04.2014 stands confirmed and consequently, the Civil
Miscellaneous Appeal in C.M.A.No.2247 of 2014 stands dismissed.
https://www.mhc.tn.gov.in/judis/
C.M.A.No.2247 of 2014
3. The suit is of the year 2011 and pending for the past about 9
years. Thus, the trial Court is directed to dispose of the suit as
expeditiously as possible preferably within a period of 10 months from
the date of receipt of a copy of this judgment. The parties to the suit are
directed to co-operate for the early disposal of the suit.
4. The parties to the appeal are restrained from seeking
unnecessary adjournments. Adjournments are to be granted only on
genuine grounds and by recording reasons. Adjournments on flimsy
grounds are to be rejected in limine by all Courts. The parties cannot be
given privilege of getting adjournments for their benefit in order to
prolong and protract the issues. No costs. Consequently, connected
miscellaneous petition is closed.
19.01.2021
kak
Index: Yes/No
Internet:Yes/No
Speaking order/Non-Speaking Order
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C.M.A.No.2247 of 2014
S.M.SUBRAMANIAM, J.
kak
To
1. The Learned Principal District Judge,
Erode.
2. The II Additional Sub Court,
Erode.
3.The Sub-Assistant Registrar,
A.E.Section,
High Court of Madras.
C.M.A.No.2247 of 2014
19.01.2021
https://www.mhc.tn.gov.in/judis/
