T. Yesudoss v. M. Banumathi

CMP. No.29033 of 2023 in S.A. No.456 of 2018 P.B.BALAJI, J., The appellant is taken out the present Civil Miscellaneous Petition to extend the time for three months in complying with the conditional judgment and decree dated 25.08.2023 passed by this Court in the above Second Appeal.

2. The case of the petitioner/appellant is that he has retired from service and he was expecting his terminal benefits to be paid, so that, he would be in a position to comply with the conditional judgment and decree dated 25.08.2023. However, it appears that there is some delay in settling his terminal benefits and therefore, he seeks time. To show his bonafide, today, the learned counsel for the petitioner/appellant has handed over a Demand Draft in favour of the respondent for a sum of Rs.5,00,000/- and the same has been received by the learned counsel for the respondent without prejudice.

3. The learned counsel for the respondent states that only on the representation of the appellant, time was granted by this Court and three months time would be excessive and reasonable time could be granted to the appellant to pay the remaining amount i.e., 15,36,000/-. P.B.BALAJI, J., https://www.mhc.tn.gov.in/judis

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4. Considering the facts and circumstances of the case and also the averments made in the affidavit filed in support of the above CMP and the rival submissions advanced by the learned counsel on either side, I extend the time for the appellant to pay the balance amount of Rs.15,36,000/- on or before 31.03.2024. It is made clear that, no further extension of time would be granted under any circumstances whatsoever.

5. With the above directions, this Civil Miscellaneous Petition is ordered.

11.01.2024 rkp CMP. No.29033 of 2023 in S.A. No.456 of 2018 https://www.mhc.tn.gov.in/judis