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Madras High CourtCMP/18183/2021dismissed

R.Seenu v. Ramamoorthy

2022-02-01Honourable Mr Justice S.S. Sundar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Civil Appellate Jurisdiction ) Tuesday, the First day of February Two Thousand Twenty Two PRESENT THE HON`BLE MR JUSTICE S.S.SUNDAR CMP.No.18183 of 2021 IN AS.No.418 of 2021 R.SEENU [ PETITIONER ] Vs RAMAMOORTHY [ RESPONDENT ] Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to stay execution of Judgment and decree dated 02.09.2021 passed in O.S.No.21 of 2019 on the files of the Principal District Judge, Tiruvannamalai and thus render justice [in CMP.No.18183 of 2021]. Order : This petition coming on this day for hearing upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.OM SAI RAM, Advocate for the petitioner, the court made the following order:- This Court granted an order of stay on 02.12.

2021 on condition that the petitioner to deposit a sum of Rs.5,00,000/- to the credit of the suit in OS.No.21/2019 on the file of the learned Principal District Judge, Tiruvannamalai, within a period of eight weeks from the date of receipt of a copy of that order.

2.Though the order was dated 02.12.2021 and though it was specifically observed that the stay granted shall stand automatically vacated in case the petitioner does not make the payment within the stipulated time, the petitioner has neither come up by way of a petition for extension of time nor complied with the order / condition.

3.Since this Court has already observed that the stay shall stand automatically vacated on failure on the part of the petitioner to comply with the condition, the interim stay granted on 02.12.2021 stands vacated and the Civil Miscellaneous Petition is dismissed.

https://hcservices.ecourts.gov.in/hcservices/

4.Post the Appeal Suit in the usual course.

-sd/- 01/02/2022 / TRUE COPY / Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO THE PRINCIPAL DISTRICT JUDGE, THIRUVANNAMALAI C.C. to M/S.OM SAI RAM, Advocate, SR.No.7043/2021. Order in CMP.No.18183 of 2021 IN AS.No.418 of 2021 Date :01/02/2022 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format RA 07/12/2021 SDR 03.02.2022 https://hcservices.ecourts.gov.in/hcservices/