M. PRABHAVATHI Vs. SUNRISE GROUP

JUDGEMENT

(1.) The learned counsel for the appellant submits that in similar matter in M.F.A.No.2645/2023, the learned counsel for respondent No.5 therein submitted that the next date of hearing before the Trial Court is on 7/7/2023 and the defendants are going to appear before the Trial Court since suit summons has been ordered by the Trial Court and no interim order is granted and when there is no order, the appeal is not maintainable.

(2.) The learned counsel for the appellant submits that if the defendants are appearing on 7/7/2023, a direction can be given to the Trial Court to dispose of the I.A. within one month.

(3.) This appeal is filed against the order of issuance of summons and no interim order has been granted. The respondent Nos.3, 5 and 6 have been served and unrepresented in this appeal. This Court in similar matter directed the Trial Court to dispose of the I.A. Hence, it is appropriate to direct the Trial Court to dispose of the I.A. within one month from the date of next hearing i.e., 7/7/2023, by giving an opportunity to both the parties.