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Madras High CourtCMP/20666/2019disposed of

Kannusamy v. Prabakaran

2019-11-22Honourable Mr Justice R. Pongiappan2 pages

CMP.No.20666 of 2019 C.M.P.No.20666 of 2019 in CRP.PD.No.4623 of 2011 R.PONGIAPPAN, J.

The petitioners herein are the petitioners in C.R.P.No.4623 of 2011, which was filed challenging the order passed by the learned Subordinate Judge, Dharmapuri in CMA.No.7 of 2007. On 24.09.2018, while at the time of disposing the Civil Revision Petition, which was filed challenging the order dated 07.02.2011 made in C.M.A.No.7 of 2007, this Court by holding that the Civil Revision Petition filed by the petitioners is not maintainable, and dismissed the Civil Revision Petition. However, this Court granted two weeks time to represent the papers with adequate court fee before the appropriate forum. Instead of complying the said order, the petitioners herein are before this Court with the present Civil Miscellaneous Petition to extend the time for re-presenting the papers with adequate court fee before the appropriate forum.

2.Heard the learned counsel appearing for the petitioners. 3.The learned counsel appearing for the petitioners made a submission that inadvertently the petitioners have not re-presented the papers before the court concerned as per the direction of this Court. For the mistake committed, the party do not penalised and therefore prayed further two weeks time from today for complying the order dated 24.09.2018.

4.Now on go through the other circumstances found in the Civil Revision Petition, the suit pertains to the Civil Revision Petition has been filed for the relief of declaration and injunction. In the said circumstances, if the time for re-presenting the papers along with the adequate court fee before the appropriate forum is not granted in favour 1/2 http://www.judis.nic.in

CMP.No.20666 of 2019 R.PONGIAPPAN, J.

lok of the petitioners, it will cause much prejudice to the petitioners. Hence, time is granted for two weeks from today for complying the order dated 24.09.2018. 5.The Civil Miscellaneous Petition is disposed accordingly. 22.11.2019 lok Note: Issue order copy on 25.11.2019 C.M.P.No.20666 of 2019 in CRP.PD.No.4623 of 2011 2/2 http://www.judis.nic.in