Madras High CourtCMP/11219/2017ordered

Krishnan v. Kalidoss

2017-07-18Honourable Mr Justice S. Baskaran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Civil Appellate Jurisdiction ) Tuesday, the Eighteenth day of July Two Thousand Seventeen PRESENT THE HON`BLE MR JUSTICE S. BASKARAN CMP No.11219 of 2017 IN SA.1101/2014 1 KRISHNAN [ PETITIONER ] Vs 1 KALIDOSS [ RESPONDENT ] Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to condone the delay of 15 days in making the payment of deposit amount pursuant to the order passed in MP.2/2014 in SA.No.1101/2014 dated 22/12/2014.(in CMP No.11219 of 2017)pending disposal of above SA.1101/2014 Order : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S. A. TAMILVANAN, Advocate for the petitioner and of M/S.T.S.BASKARAN, Advocate on behalf of the Respondents the court made the following order:- Heard the learned counsel for the petitioner/appellant and the counsel for the respondent.

2. It is averred in the petition that in compliance with this court order, the petitioner had deposited Rs.1,00,000/- towards the credit of suit in O.S.No.176 of 2002 on 05.01.2015, however, due to communication gap and the misunderstanding arisen thereof, the petitioner could not follow up the compliance of the conditional orders and therefore, on 20.07.2017, Execution court has fixed the date for auctioning the subject property.

3. The learned counsel also filed copies of challan in support of court deposit in the typed set of papers.

4. Even though the learned counsel for the respondent opposed the

petition, he has not raised any serious objection to condone the delay.

5. In view of the reasons stated in the affidavit, the delay of 15 days in making the payment of deposit pursuant to the order dated 22.12.2014 is condoned. This petition is ordered accordingly. -sd/- 18/07/2017 / TRUE COPY / Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO 1 THE PRINCIPAL DISTRICT JUDGE, PUDUCHERRY 2 THE ADDITIONAL SUBORDINATE JUDGE, PUDUCHERRY C.C. to M/S. A. TAMILVANAN Advocate on payment of necessary charges Order in CMP.11219/2017 in SA.1101/2014 Date :18/07/2017 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format T.R (19/07/2017)