Rasipuram Lorry Owners Association v. M. Velayutham

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.07.2024

CORAM

THE HONOURABLE Mr. JUSTICE P.DHANABAL and C.M.P. No.18893 of 2022

1. Rasipuram Lorry Owners Association represented by its President.

2. Rasipuram Lorry Owners Association represented by its Secretary ... Judgment Debtors / Respondents / Petitioners / Petitioners Vs.

M. Velayutham S/o. Late Manickam ...... Decree holder / Petitioner / Respondent / Respondent PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the docket order passed in a memo in R.E.P. No.44 of 2021 in O.S. No.97 of 2005 (on the file of Additional District Court, Namakkal) on the file of Subordinate Court, Rasipuram dated 22.07.2022. For Petitioners :

Mr. P. Mathivanan For Respondent :

Mr. J. Prithvi

ORDER

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When the matter is taken up for hearing, the learned counsel appearing for the petitioners requested time to pay the decree amount on instalment basis. The learned counsel appearing for the respondent also not seriously objected for the same.

2. Considering the nature of case, the request submitted by the learned counsel appearing for the petitioners and considering the facts and circumstances, this Court is inclined to grant 6 months time for payment of entire decree amount with interest.

3. At this juncture, the learned counsel appearing for the respondent represented that already the petitioners have deposited a sum of Rs.4 lakhs before the Trial Court and the same may be permitted to be withdrawn by the respondent. Since the petitioners have already deposited the above said amount as per the order of this Court, the respondent is at liberty to withdraw the same towards part satisfaction of the decree amount. The balance amount has to be deposited within 6 (six) months from the date of this order.

4. With the above direction, the Civil Revision Petition is disposed of. No 2/4

costs. Consequently, the connected civil miscellaneous petition is closed. 10.07.2024 Index : Yes/No Speaking order/non-speaking order mjs To The Subordinate Court, Rasipuram 3/4

P.DHANABAL , J., mjs CRP. No.3559 of 2022 10.07.2024 4/4