K. Venkatachalam v. R. Periyasamy

Rev.Appln.No.166 of 2021 and CMP.No.18664 of 2021 C.V. KARTHIKEYAN, J.

This matter is listed today under the caption 'for clarification' at the instance of the learned counsel for the petitioner.

2. The Review Application is entertained only to the limited extent of deleting the last two lines in paragraph No.12 and also correcting the typographical error with respect to the date in para 13. Accordingly, the following corrections shall be incorporated in the order, "12. But let me hold over any discussion on that particular aspect and rather review my own order dated 13.07.2021 in C.R.P.(NPD).No.561 of 2021. The effect of such review would be that the order dated 14.02.2020 in I.A.No.2 of 2019 is set aside and the review petitioner is permitted to move a further application seeking to set aside the exparte decree. But that application should be reviewed with circumspection by the learned Trial Court owing to the fact that the review applicant has now 1/4

come forward to settle the entire issue. Therefore, let the said application to set aside the exparte decree be kept in abeyance and kept in hold".

shall be replaced as ""12. But let me hold over any discussion on that particular aspect and rather review my own order dated 13.07.2021 in C.R.P.(NPD).No.561 of 2021. The effect of such review would be that the order dated 14.02.2020 in I.A.No.2 of 2019 is set aside and the review petitioner is permitted to move a further application seeking to set aside the exparte decree. But that application should be reviewed with circumspection by the learned Trial Court owing to the fact that the review applicant has now come forward to settle the entire issue".

13. The review applicant should deposit on or before 06.06.2016 shall be replaced as

13. The review applicant should deposit on or before 06.06.2022

3. The said portions of the order may be corrected and fresh copy 2/4

may be issued accordingly.

4. Registry is directed to carry out the necessary corrections in the Order and issue fresh order copy.

5. The learned counsel for the petitioner made a representation that the amount may be deposited to the credit of the suit. In this regard, I would leave it to the discretion of the Trial Court to take a decision whether the amount is to be deposited to the credit of the Execution Court or to the credit of the suit.

25.02.2025 dpq 3/4

C.V.KARTHIKEYAN, J.

dpq Rev.Appln.No.166 of 2021 and CMP.No.18664 of 2021 25.02.2025 4/4