Madras High Court
P. Kasi vs K. Anbarasu on 8 October, 2021
CMA.No.2916 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.10.2021
CORAM:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
C.M.A.No. 2916 of 2021
and
C.M.P. No.16702 of 2021
P. Kasi ... Appellant
Vs.
K. Anbarasu ...Respondent
Civil Miscellaneous Appeal filed under Order 43 Rule 1 of CPC
against order and decreetal order passed by the Hon'ble Additional
District Judge, Dharmapuri in I.A. No.1 of 2020 in O.S. No.42 of 2020
dated 30.11.2020.
For Appellant : Mr. M. Ravi
JUDGMENT
This appeal has been filed challenging the order dated 30.11.2020
passed by the Additional District Court, Dharampuri in I.A. No.1 of 2020
in O.S. No.42 of 2020.
https://www.mhc.tn.gov.in/judis/
CMA.No.2916 of 2021
2. The appellant is the defendant in the suit and the respondent is
the plaintiff. The suit was filed by the respondent for recovery of money
against the appellant / defendant. During the pendency of the suit, I.A.
No.1 of 2020 was filed by the plaintiff seeking for attachment of the
property of the appellant / defendant.
3. By order dated 30.11.2020 in I.A. No.1 of 2020 in O.S. No.42 of
2020, the learned Additional District Judge, Dharmapuri ordered
attachment of the petition schedule property which is owned by the
appellant / defendant. Aggrieved by the same, this appeal has been filed.
4. Heard Mr.M.Ravi, learned counsel for the appellant.
5. Admittedly, the impugned order is dated 30.11.2020. We are
now in October 2021 and almost a year has elapsed since the impugned
order is passed. The suit is of the year 2020. No useful purpose would
be served if this appeal is taken up for final disposal and decided on
merits at this stage. Instead a direction can be issued to the Trial Court to
dispose of the suit, within a time to be fixed by this Court, which is in the
interest of both the parties to the dispute.
https://www.mhc.tn.gov.in/judis/
CMA.No.2916 of 2021
6. It is represented by the learned counsel for the appellant that the
pleadings in the suit are complete and the written statement has also been
filed by the appellant / defendant.
7. For the foregoing reasons without deciding the appeal on merits,
this Court directs the Additional District Court, Dharmapuri, to dispose
of the suit in O.S. No.42 of 2020, within a period of six months from the
date of the receipt of a copy of this judgment.
8. In terms of the aforesaid directions, this Civil Miscellaneous
Appeal is disposed of. No costs. Consequently, connected miscellaneous
petition is closed.
08.10.2021
Index: Yes/No
Internet: Yes/No
Speaking Order/Non-Speaking Order
ab/vsi2
https://www.mhc.tn.gov.in/judis/
CMA.No.2916 of 2021
ABDUL QUDDHOSE, J.
ab
To
1. The Additional District Judge,
Dharmapuri
2. The Section Officer,
V.R. Section,
High Court, Madras.
CMA.No.2916 of 2021
and
C.M.P. No.16702 of 2021
08.10.2021
https://www.mhc.tn.gov.in/judis/
