S.K.Subadhra Vs The State of Tamil Nadu

PRAYER : Civil Miscellaneous Appeal filed under Order 43 Rule 1 of CPC, 1908, to allow the Civil Miscellaneous Appeal by setting aside the Executable Order and Fair Order, dated 21.01.2025 made in I.A.No.3 of 2024 in O.S.No.54 of 2024 on the file of the 1^st Additional District Judge, Tirunelveli.

¶25

For Appellant	: Mr.V.Raghavachari Senior Counsel for Mr.S.Sakthi Siddharth
For R1 to R6	: Mr.R.Baskaran Additional Advocate General assisted by Mr.P.Thambidurai Government Advocate
For R7	: Mr.R.Baskaran Additional Advocate General assisted by Mr.S.Packiya Muthu

¶26

2/5

¶27

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

¶28

C.M.A(MD)No.135 of 2025

¶29

JUDGMENT

¶30

This Civil Miscellaneous Appeal is filed to set aside the Executable Order and Fair Order, dated 21.01.2025 made in I.A.No.3 of 2024 in O.S.No.51 of 2024 on the file of the learned 1^st Additional District Judge, Tirunelveli.

¶31

When the matter is taken up for hearing today (05.01.2026), the learned counsel for both sides submitted that without going into merits of Civil Miscellaneous Appeal, a direction may be given to the trial Court for disposal of suit in O.S.No.51 of 2024 on merits, within a period of three months and to that effect, this Civil Miscellaneous Appeal may be disposed of. The learned Senior Counsel for the appellants further submitted that a petition in I.A.No.8 of 2025 seeking for amendment is pending before the trial Court and the same may be directed to be disposed on merits. The learned counsels for the respondents have not raised any objection.

¶32

Considering the submissions made by both side counsels, the trial Court is directed to dispose of pending Amendment Petition in I.A.No.8 of 2025 in O.S.No.51 of 2024 on merits within two weeks and further directed to dispose of the main suit in O.S.No.51 of 2024 on

¶33

3/5

¶34

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

¶35

C.M.A(MD)No.135 of 2025

¶36

merits after full trial within a period of three months from the date of receipt of a copy of this order. It is further directed that the trial has to be conducted day-to-day basis without giving any unnecessary adjournment, and both parties shall co-operate for the same.

¶37