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Judgment
This Civil Miscellaneous Appeal has been filed against the fair and decreetal order, dated 16.12.2015 by which an interim order of status quo
was granted in view of the disinclination on the part of the learned counsel for the respondent to argue I.A.No.530 of 2010. In my considered
opinion, this order is not an appealable order at all, since the rights of the parties has not been decided.
2.Considering the fact that this appeal has been pending for more than a year and the fact that the application in I.A.No.530 of 2010 has been
pending for nearly seven years, I called for a report from the learned I- Additional District Judge, Madurai. The report has been filed by the
learned I-Additional District Judge, Madurai, wherein from which it may be gathered that both the parties to the suit are not co-operating with the
Court to dispose of I.A.No.530 of 2010. It is also submitted that O.S.No.218 of 2010 is pending in a part heard stage.
3.Considering all these facts, without going into the merits of the rival claims, there will be a direction to the learned I-Additional District Judge,
Madurai, to hear and dispose of I.A.No.530 of 2010 on or before 28.04.2017. Both the parties are directed to co-operate with the Court in
disposing of I.A.No.530 of 2010 on or before 28.04.2017. In the event of failure of either parties to get along with the I.A.No.530 of 2010, the
Court will be free to pass any orders as it deem fit.
With the above direction, this Civil Miscellaneous Appeal is dismissed. No Costs. Consequently, connected miscellaneous petition is also
dismissed.