Sekar v. 1.Jothy Deceased

C.M.P.No. 15988 of 2024 in T.V. THAMILSELVI, J.

This Civil Miscellaneous Petition has been filed seeking for extension of time to deposit the amount made in S.A. No.1068 of 2001 passed by this court.

2. Mr.K.Thenrajan, learned counsel for petitioners submitted that earlier, this Court by an order dated 09.01.2019 partly allowed the above Second Appeal on condition that the plaintiffs are entitled for the relief of delivery of possession of suit property only on payment of mortgage debt of Rs.300/- as mentioned in Ex.B5 before the trial court within a period of two months. However, since the above case is followed by the 1st petitioner, due to his old age and thereafter due to Covid-19 pandemic situation, he could not follow up the case and to get the details of the case. Moreover, the 3rd petitioner asked about the case to 1st petitioner and thereafter, both of them have taken efforts to contact his previous counsel, but all ended in vain. Subsequently, the petitioners have approached the present counsel on 1/3

record and came to know about the disposal of the above Second Appeal and also the condition imposed by this court to deposit the payment of mortgage debt of Rs.300/- before the trial court. Now, they need some more time. Hence, they have filed the above petition praying to extend the time for complying the order.

3. Considering the facts and circumstances and also considering the reasons stated by the petitioner seems to be justifiable one, this Court is inclined to allow this petition and the time for the period of four weeks is granted for complying the condition imposed by this court to deposit the payment of mortgage debt of Rs.300/- before the trial court from the date of receipt of copy of this order.

14.10.2024 rpp 2/3

T.V.THAMILSELVI, J.

rpp C.M.P.No. 15988 of 2024 in 14.10.2024 3/3