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Madras High CourtCMP/17608/2025dismissed with liberty

A.Kuppan v. The South Indian Bank Ltd.,

2025-09-03Honourable Mr.Justice S. Sounthar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.09.2025

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR A.Kuppan ... Petitioner vs.

1.The South Indian Bank Ltd, Rep. by its Branch Manager, P.M.Complex, First Floor, 1/120, Bus Stand, Pasumathur, Katpadi Taluk, Vellore District.

2.L.Ganesan ... Respondents PRAYER in CMP.No.17608 of 2025: Civil Miscellaneous Petition is filed under Section 151 of the Civil Procedure Code, 1908, to clarify the order of this Court in CRP.No.1759 of 2019, dated 10.01.2024. PRAYER in CRP.No.1759 of 2019: Civil Revision Petition is filed under Section 115 of the Code of Civil Procedure, against the order nad decreetal order dated 25.03.2019 in I.A.No.142 of 2017 in OS.No.30 of 2014 on the file of the Subordinate Court, Vellore is even otherwise illegal and liable to be set aside.

For Petitioner : Mr.Sunny Sheen 1/4

for M/s.Srimathi V.

For R1 : Mr.M.L.Ganesh

O R D E R

This Civil Miscellaneous Petition is filed seeking clarification of the order passed by this Court in C.R.P.No.1759 of 2019, dated 10.01.2024.

2. The civil revision petition was allowed by this Court on condition that the petitioner gives immovable property security to the satisfaction of the Trial Court within a period of four weeks by depositing the original title documents.

3. According to the petitioner, the order copy was received by him only on 15.03.2024 and he filed a memo on 04.04.2024 well within the period of four weeks submitting necessary documents. However, the said memo was rejected by the Trial Court on the ground that it was filed out of time.

4. A reading of the averments contained in the affidavit filed in 2/4

support of clarification petition shows that the petitioner is aggrieved by the order passed by the Trial Court rejecting the memo, which according to him was filed in time. If the petitioner is aggrieved by the order passed by the Trial Court, it is for him to challenge the same in the manner known to law. Therefore, no clarification is required in this matter.

5. Hence, the Civil Miscellaneous Petition is dismissed with liberty to the petitioner to challenge the order passed by the Trial Court in the manner known to law.

03.09.2025 Index : Yes/No Speaking order : Yes/No : Yes/No dm To The Subordinate Court, Vellore.

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S.SOUNTHAR, J.

dm 03.09.2025 4/4