Madras High Court
A.Swathi vs P.K.Jayagopal on 6 January, 2021
C.M.A.No.108 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.01.2021
CORAM
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM
C.M.A.No.108 of 2017
1.A.Swathi
2.A.Deekshikka ..Appellants
Vs.
1.P.K.Jayagopal
2.J.Shanthi
3.J.Lakshmidharan
4.J.Thiruvadhanan
5.C.Sumathi
6.K.Ashok kumar
7.A.Kalaiselvi
8.N.Nirmala
9.N.Prabhuram
1/6
https://www.mhc.tn.gov.in/judis/
C.M.A.No.108 of 2017
10.N.Ramesh
11.A.Sairam
12.P.Loganathan
13.A.S.Karthikeyan
14.L.Kiruthika Nandini
15.T.Subha
..Respondents
Prayer : Civil Miscellaneous Appeal filed under Order 43 Rule 1 of
CPC, against the fair and decreetal order dated 21.11.2016 made in
I.A.No.85 of 2015 in O.S.No.192 of 2012 on the file of the first
Additional District Court, Namakkal.
For Appellants : N.Manokaran
For Respondents : Mr.S.Mayilnathan for RR1 to 4, 14 & 15
: No appearance for RR5 to 11
: Batta due for RR12 & 13
2/6
https://www.mhc.tn.gov.in/judis/
C.M.A.No.108 of 2017
JUDGMENT
The facts as well as the circumstances and the grounds raised in
C.R.P.No.189 of 2017, are raised in the present civil miscellaneous
petition also.
2. The civil miscellaneous appeal is filed against the fair and
decreetal order dated 21.11.2006 in I.A.No.85 of 2015 in O.S.No.192 of
2012. Normally after the disposal of the condone delay application, the
petition to set aside the exparte order is to be numbered. Contrary to the
said fact, the Trial Court in the present case numbered both the
applications and dismissed the same. Thus, the appellants are forced to
file one civil revision petition and civil miscellaneous appeal in respect
of I.A.No.85 of 2015 is concerned.
3. In view of the fact that C.R.P.No.189 of 2017, is allowed by
this Court, the fair and decreetal order dated 21.11.2006 in I.A.No.85 of
https://www.mhc.tn.gov.in/judis/
C.M.A.No.108 of 2017
2015 in O.S.No.192 of 2012, is set aside and consequently,
C.M.A.No.108 of 2017 stands allowed. No costs.
4. The Trial Court is directed to dispose of the suit as
expeditiously as possible by affording opportunity to the parties
concerned, preferably within a period of six months from the date of
receipt of a copy of this order. The parties to the suit are directed to
cooperate for the earlier disposal of the suit. The Trial Court should
decline unnecessary adjournments on flimsy grounds if sought for by the
parties to the suit. The adjournments sought are to be granted only on
genuine grounds and by recording reasons. Thus, the Trial Court is
expected to proceed with the case without granting any unnecessary
adjournments either at the instance of the parties or by the Courts.
06.01.2021
Index: Yes/No
Internet:Yes/No
Speaking order/Non-Speaking Order
https://www.mhc.tn.gov.in/judis/
C.M.A.No.108 of 2017
gsk
To
The first Additional District Court, Namakkal.
https://www.mhc.tn.gov.in/judis/
C.M.A.No.108 of 2017
S.M.SUBRAMANIAM, J.
gsk
C.M.A.No.108 of 2017
06.01.2021
https://www.mhc.tn.gov.in/judis/
