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2017 DIGILAW 2941 (MAD)

Vyomesh Bipinchandra Shelat v. Subashchandra Someshwar Shelat

2017-08-30

ABDUL QUDDHOSE, RAJIV SHAKDHER

body2017
JUDGMENT : RAJIV SHAKDHER, J. 1. These appeals have been filed against the judgement and order of the learned Single Judge dated 28.09.2016. 2. The appeal filed by respondent No.11 against the very judgement and order, which was numbered as O.S.A.No.45 of 2017 has been disposed of today by us. 3. Notice, in these appeals, was issued on 26.07.2017. Amongst the respondents, the following are represented : Mr. Arun Karthick, represents respondent No.2 and 3, while Mr. D. Ravichander represents respondent No.11. Respondent No.15 is represented by Mr. Sathish Parasaran, instructed by Mr. R. Parthasarathy. 4. Mr. B. Harikrishnan, learned counsel for the appellants says that he does not wish to press the appeals against respondent No.12 to 14. 4.1. The said statement is taken on record. 4.2. Accordingly, respondent No.12 to 14 are deleted from the array of parties. 5. The record shows that respondent No.1 and 5 to 9 have also been served. It appears that only respondent No.4 and 10 have not been served. 6. In view of the directions that we propose to pass, which pertain to expedition of the suit proceedings, in our view, the Court need not wait for effecting service, in these appeals, on respondent No.4 and 10. 7. To be noted, after some arguments, learned counsels for the respondents, who are represented and who are also defendants in the suit, i.e., C.S.No.236 of 2014, contended that these appeals can be disposed of, with the following agreed directions : (i) The matter will be placed before the learned Master on 08.09.2017, for completion of service in C.S.No.236 of 2014. (ii) Immediately, after service is completed, the learned Master will ensure that the matter is placed before the learned Single Judge for completion of pleadings and framing of issues. (iii) In line with what is stated above, the learned Master will ensure that expeditious steps are taken for effecting service on all unserved defendants. The matter will be monitored on a continuous basis, by giving short fixed dates. (iv) Counsels who represent respondents/defendants shall appear before the learned Master on the date given above. (v) The learned Master will endeavour to complete service within six (6) weeks from today. (vi) The parties may also give their draft issues to the learned Single Judge to hasten the process of framing of issues. Failing which, the learned Single Judge is requested to frame issues. (v) The learned Master will endeavour to complete service within six (6) weeks from today. (vi) The parties may also give their draft issues to the learned Single Judge to hasten the process of framing of issues. Failing which, the learned Single Judge is requested to frame issues. (vii) If, the parties and their respective counsels are agreed, the learned Single Judge may set out time lines requiring filing of proof affidavits and have the matter placed before the learned Master for recording of evidence. (viii) Furthermore, the learned Single Judge is requested to have the process of recording the evidence completed by 31.12.2017. 8. The appeals are disposed of in the aforementioned terms. Resultantly, pending application shall stand closed. No costs.