M.Sundar v. V.Anandan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Civil Appellate Jurisdiction ) Thursday, the Twelfth day of September Two Thousand Nineteen PRESENT THE HON'BLE MR.JUSTICE R.PONGIAPPAN CRP (NPD)No.3845 of 2014 M.SUNDAR [ PETITIONER ] Vs V.ANANDAN [ RESPONDENT ] Petitions under Article 227, constitution of India, filed against the Fair and Decreetal order in I.A.No.1147 of 2013 in O.S.No.135 of 2012, dated 24.2.2014 on the file of Principal District Munsif Court, Tiruppattur, Vellore District (CRP(NPD) 3845/2014) Order: These petitions coming on for orders upon perusing the petitions and the respective affidavits filed in support thereof and upon hearing the arguments of of M/S.PA.SUDESH KUMAR, Advocate for the petitioner the court made the following order:- Today when the Civil Revision Petition is came up for hearing, the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent are present. Documents perused.

Before the trial Court the petitioner has filed a suit for the relief of specific performance, in which a decree has been passed in favour of him with a direction to deposit a sum of Rs.5,000/- towards the balance sale consideration within a period of one month. The said order passed by the Court below is not complied with by the petitioner. In the said circumstances, after 10 months from the date of decree the petitioner filed an application under Section 148(A) CPC to extend the time. But, the learned trial Judge refused to extend the time and dismissed the application filed by the petitioner. Now, challenging the said order the petitioner is before this Court with the present Civil Revision Petition.

Considering the fact that the suit is filed for the relief of the specific performance, I am of the opinion, that it is the fit case for referring to the Mediation.

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Registry is directed to refer the matter to the mediation. Both counsel are requested to instruct the respective parties to appear before the mediator on 27.09.2019 without fail. After completion of the Mediation process, Registry is directed to list this Civil Revision Petition, immediately without fail.

-sd/- 12/09/2019 / TRUE COPY / Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO 1 THE PRINCIPAL DISTRICT MUNSIF, TIRUPATTUR, VELLORE DISTRICT.

2 THE TAMILNADU MEDIATION AND CONCILIATION CENTRE, HIGH COURT, CHENNAI. 104.

C.C. to M/S.PA.SUDESH KUMAR Advocate on payment of necessary charges Order in CRP(NPD).3845/2014 Date :12/09/2019 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format RRI 23/09/2019 https://hcservices.ecourts.gov.in/hcservices/