M. Prabhakaran v. Lakshmi Sujitha

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.11.2018

CORAM

THE HONOURABLE MR. JUSTICE M.S. RAMESH C.R.P.(NPD) Nos.389 & 390 of 2018 and C.M.P.No.2103 of 2018 M.Prabhakaran

...Petitioner in both C.R.P's

Vs.

Lakshmi Sujitha

...Respondent in both C.R.P's

PRAYER: Civil Revision Petitions filed under Article 227 of the Constitution of India, praying to set aside the fair and decreetal order of the Subordinate Court, Ranipet in I.A.No. 19 of 2017 in I.A.No.24 of 2015 in H.M.O.P.No.142 of 2014 and E.P.No.196 of 2015 in H.M.O.P.No.142 of 2014 dated 18.09.2017.

For Petitioner : Mr. K.Venkatasubban in both C.R.P's For Respondent:Mrs. Rayeesa Fathima for Mrs. P.Bagyalakshmi in both C.R.P's ******

ORDER

The present Civil Revision Petition is filed as against the order of the learned Subordinate Judge, Ranipet passed in E.P.No.196 of 2015, wherein

the respondent herein was ordered to be arrested for willful disobedience of the earlier order passed in I.A.No.24 of 2015 dated 13.07.2018. Pending the Civil Revision Petition, the petitioner herein had made an offer to make a payment of Rs.7,50,000/- towards the total outstanding value of the Sridhana articles/the expenses mentioned in the petition in I.A.No.24 of 2015 and consequently made a request to have the arrest order passed in Execution Proceeding suspended.

2. The learned counsel for the respondent, on instructions, submitted that it is acceptable to him to have the arrest order quashed subject to the condition that a sum of Rs.7,50,000/- is paid to them expeditiously.

3. In the light of the above submissions made by the learned counsel for the respondent, I am of the view that the sum of Rs.7,50,000/- offered by the petitioner herein could be adjusted towards the total value of the articles/ expenses claimed by the petitioner in the petition in I.A.No.24 of 2015.

4. In view of the amicable settlement arrived between the parties, insofar as the claim of the articles/expenses by the respondent herein is

concerned, the order passed in E.P.No.196 of 2015 in H.M.O.P.No.142 of 2014 dated 18.09.2017 is set aside on condition that the petitioner herein/husband pays a sum of Rs.7,50,000/- to the respondent/wife within a period of twenty one days from today.

5. The C.R.P.No.390 of 2018 stands ordered accordingly.

6. In view of the order passed in C.R.P.No.390 of 2018, no further orders are required in C.R.P.No.389 of 2018 and hence stands closed accordingly. Consequently, connected Miscellaneous Petition is closed. 02.11.2018 Index: Yes/No Internet: Yes/No vsn/dh To The learned Subordinate Judge, Ranipet.

M.S.RAMESH. J., vsn/dh C.R.P.(NPD) Nos.389 & 390 of 2018 and C.M.P.No.2103 of 2018 02.11.2018