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Madras High CourtCMP/11796/2019dismissed

Nivethitha @ Shanthi Devi v. M.P.Padmavathi Devi

2020-02-13Honourable Ms. Justice P.T. Asha4 pages

in C.R.P.Nos. 285 & 287 of 2019 P.T.ASHA, J., The above Civil Miscellaneous Petitions are filed to modify the common order dated 27.04.2019. By order dated 27.04.2019 this Court had passed the following order: "4.Today when the matter came up, the counsel for the revision petitioner submits that his client is ready to deposit the suit claim, namely; Rs.9,71,286.15/- and Rs.1,83,095.40/- to the credit of the respective suits on or before 10.06.2019. On such deposit the plaintiffs are permitted to withdraw 50% of the amount and once the payment is made the attachment on the file of the Sub-Registrar, Ambattur in I.A.No.416 of 2018 in O.S.No.98 of 2006 shall automatically stand raised and either party is free to move the Sub-Registrar for deleting the entry." 1/4

2. The above order has been complied with in letter and spirit by the revision petitioner depositing a sum of Rs.9,71,286.15/- and a sum of Rs.1,83,95.40/- on 06.02.2019.

3. Pursuant to the above deposit and in the light of the order by this Court the attachment order which has been passed in I.A.No.416 of 2018 in O.S.No.98 of 2006 stand raised by the learned Sub-ordinate Judge, Vellore.

4.The applications have now been moved for modifying the said order to one of directing the respondent to furnish security deposit or Bank guarantee for a sum of Rs.23,50,000/- and Rs.4,75,000/-. Such an applications have to be moved by the revision petitioner only before the Trial Court and not before this Court when orders of this Court has been fully complied. The suit pursuant to the orders of this Court has now been revived and a written statement has also been filed. In these circumstances, it is open to the petitioner to move the concerned Court for 2/4

necessary orders and not try to obtain orders in the Civil Revision Petition which has already been disposed of. There is no merits in the Civil Miscellaneous Petitions. Hence the Civil Miscellaneous Petitions are dismissed. Considering the fact that the suit is of the year 2006, the learned Sub-Judge, Vellore shall dispose of the same as expeditiously as possible, however not later than six months from the date of receipt of the order. 13.02.2020 kan 3/4

P.T.ASHA, J., kan in C.R.P.Nos. 285 & 287 of 2019 13.02.2020 4/4