Dr. M.R. Muralikrishnan v. K.S. Rajendhran
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION) FRIDAY, THE 03rd DAY OF JUNE 2016 THE HON'BLE MR. JUSTICE M.M.SUNDRESH A.NO.4165 OF 2012 IN A.NO.4493 OF 2011 IN E.P.NO.113 OF 2006 IN CS.NO.923 OF 2002 E.P.NO.113 OF 2006 IN CS.NO 923 OF 2002 1.Dr.M.R.Muralikrishnan S/o.M.Ranganathan No.16,(Old No.18),Rajammal Street Shenoy Nagar,Chennai-600 030.
2.M.Arthi W/o.Dr.M.R.Muralikrishnan rep by her POWER OF ATTORNEY DR.M.R.Muralikrishnan NO.16,(Old No.18),Rajmmal Street Shenly Nagar,Chennai-600 030.
... Decree Holders ...Plaintiffs -VersusK.S.Rajendran Son of K.Subramaniyan No.64,Gajapathy Street Shenoy Nagar Chennai-600 030.
... JUDGEMENT DEBTOR/DEFENDANT
A.NO.4493 OF 2011 IN A.NO.4165 OF 2012 1.Dr.M.R.Muralikrishnan S/o.M.Ranganathan No.16,(Old No.18),Rajammal Street Shenoy Nagar,Chennai-600 030.
2.M.Arthi W/o.Dr.M.R.Muralikrishnan rep by her POWER OF ATTORNEY DR.M.R.Muralikrishnan NO.16,(Old No.18),Rajmmal Street Shenly Nagar,Chennai-600 030.
... Appellants/Applicants -VersusK.S.Rajendran Son of K.Subramaniyan No.64,Gajapathy Street Shenoy Nagar Chennai-600 030.
... Respondent/Respondent Application praying that this Hon'ble Court be please to condone the delay of 246 days in filing the appeal against the order dated 21.12.2011 passed by the Learned Master,High Court at Madras in Application No.4493 of 2011 in E.P.No.113 of 2006 This application coming on this day before this court for hearing court made the following order:
The applicants are the plaintiffs/execution
petitioners. The application seeking to condone the delay of 246 days in filing the appeal against the order dated 21.12.2011 passed by the learned Master in A.No.4493 of 2011 in E.P.No.113 of 2006 was allowed by this Court on 26.04.2016 on terms. Today, the matter is posted for compliance.
2. The learned counsel for the applicants submitted that the order dated 26.04.2016 has been complied with by sending the demand draft directly to the respondent.
3.The learned counsel for the respondent submitted that the order passed on 26.04.2016 cannot be sustained in the ye of law and therefore, he would like to test the said order.
4. As the applicants had complied with the order dated 26.04.2016, this application is closed. However, this order will not stand in the way of the respondent in testing the order dated 26.04.2016, if he is so advised. It is also made clear that neither the order passed on 26.04.2016, the present order acknowledging the compliance will not stand in the
way of the respondent in contesting the application to be numbered after this application against the order passed in E.P., on merit .
sd/.M.M.S.J 03.06.2016 //Certified to be a true copy// Dated this the day of 2016.
S.s/16.06.2016 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.