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Madras High Court · body

2010 DIGILAW 5000 (MAD)

N. Narayana Reddy v. Ramasamy Reddy

2010-11-11

V.PERIYA KARUPPIAH

body2010
Judgment :- 1. In the circumstances of the case, this court feels that there is no necessity for issuing notice to all the respondents for disposal of the revision at the admission stage itself. 2. Learned counsel for the petitioner Mr. R. Subramanian, would submit in his argument that the application in I.A.No.71 of 2009 in A.S.No.159/1988 filed by him for deleting the appeal ground No.67 in the appeal grounds and to substitute the following as ground No.67. "that the court below has failed to appreciate the legal impact of Ex.A1 and Ex.A3 in proper light and perspective" 3. He would also submit in his argument that the lower court after receiving the counter from the other side had decided to dispose the said application along with the appeal by stating that the appeal is an old appeal and it has to be disposed of at an earlier point of time. 4. He would further submit that at the time of the argument of the appeal it cannot be ascertained as to whether he can address arguments on the existing ground or on the proposed ground and therefore, it has to necessarily be decided by the lower court at an earlier point of time and he is ready to proceed with the appeal immediately after disposal of the amendment application. 5. Considering the submission of the learned counsel for the petitioner, this court could understand that the application in I.A.No.71 of 2009 in A.S.No.159/1988 seeking for amendment of the aforesaid ground has to be decided by the lower court sufficiently earlier, in order to dispose the appeal. The said steps for deciding to dispose the amendment application along with the appeal is not correct and it would not facilitated the petitioner and the respondents for submitting their arguments as proposed in the amendment application, but will lead to confusion at the time of submitting the arguments. Therefore, it has become necessary for this court to give a direction to dispose of I.A.No.71 of 2009 in A.S.No.159/1988 first and thereafter to proceed with the appeal depending upon the orders passed in the amendment application. Therefore, it has become necessary for this court to give a direction to dispose of I.A.No.71 of 2009 in A.S.No.159/1988 first and thereafter to proceed with the appeal depending upon the orders passed in the amendment application. Accordingly, the lower court is directed to dispose of the application in I.A.No.71 of 2009 in A.S.No.159/1988 within a period of one month from the date of receipt of a copy of this order and depending upon the said order passed in the amendment application, to dispose of the appeal within three months period from the said date of disposal of the amendment application. 6. With the aforesaid directions the revision is ordered. No order as to costs. Connected miscellaneous petition is closed.