Deivathal vs Subbaiya Pillai
2021 Latest Caselaw 21657 Mad

                                                                                 C.M.A.No.2684 of 2021

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED: 28.10.2021

                                                          CORAM:

                                  THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE

                                                 C.M.A.No.2684 of 2021
                                               and C.M.P.No.15427 of 2021

                  1. Deivathal
                  2. Vadivel
                  3. Ramesh                                                   .. Appellants
                                                             Vs.

                  1. Subbaiya Pillai
                  2. Rajeshwari                                               .. Respondents

                  Prayer: Civil Miscellaneous Appeal filed under Order 43 Rule 1 of the

                  Code of Civil Procedure seeking to set aside the judgment and decree dated

                  13.09.2019, made in A.S.No.10 of 2017 on the file of the Additional

                  Subordinate Court, Tiruppur, remanded back in O.S.No.400 of 2007.



                                     For Appellants          : Mr.K.S.Karthik Raja

                                                           -----




https://www.mhc.tn.gov.in/judis
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                                                                                C.M.A.No.2684 of 2021

                                                   JUDGMENT

(The case has been heard through video conference)

The appellants are the defendants in the suit. They are aggrieved by

the judgement and decree dated 13.09.2019, passed in A.S.No.10 of 2017 on

the file of the learned Additional Subordinate Judge, Tiruppur, under which

the matter was remanded back to the trial Court for fresh consideration.

2. The lower appellate Court in A.S.No.10 of 2017 under the

impugned judgement and decree dated 13.09.2019, remanded the matter

back to the trial Court for fresh consideration on the ground that the

respondents/plaintiffs filed two applications under Order 41 Rule 27 of the

C.P.C. seeking for marking of certain documents as additional evidence.

3. This Court after perusing and examining the impugned judgement

and decree does not find any infirmity in the same. Therefore, this Court is

of the considered view that in order to protect the interest of the parties to

the dispute, direction can be given to the trial Court for early disposal of the

suit. Accordingly, the Trial Court namely the learned District Munsif,

Tiruppur is directed to dispose of the suit in O.S.No.400 of 2007 within a

period of four months from the date of receipt of a copy of this judgement. https://www.mhc.tn.gov.in/judis

C.M.A.No.2684 of 2021

With the aforesaid direction this civil miscellaneous appeal is disposed of.

Consequently, the connected miscellaneous petition is closed. No costs.

28.10.2021 Index : Yes / No kk

To

1. The Additional Subordinate Judge, Tiruppur.

2. The District Munsif, Tiruppur.

3. The Section Officer, VR Section, High Court, Madras.

https://www.mhc.tn.gov.in/judis

C.M.A.No.2684 of 2021

ABDUL QUDDHOSE, J.

kk

C.M.A.No.2684 of 2021 and C.M.P.No.15427 of 2021

28.10.2021

https://www.mhc.tn.gov.in/judis