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Madras High CourtCMP/23526/2024dismissed

A. Azizul Karim v. Razia Sheriff

2024-10-28Honourable Mr Justice A.D.Jagadish Chandira2 pages

C.M.P.Nos.23526 & 4515 of 2024 in C.R.P.No.910 of 2024 A.D.JAGADISH CHANDIRA , J.

When the matter is taken up for hearing today, there is no representation for the petitioner.

2. Learned counsel for the 1st respondent/caveator submitted that on the date of admission, arrears of rent due is Rs.12,43,000/- and this Court, on 03.07.2024, while granting interim protection to the petitioner, had directed the petitioner to deposit a sum of Rs.6,30,000/- by way of demand draft and further, on 22.07.2024, this Court had directed the petitioner to pay the remaining arrear amount of Rs.6,13,000/- within six months. Subsequently, extension of time was sought for by the petitioner twice and this Court has also granted extension of time. Thereafter, the petitioner came up with the present petition seeking to extend the time stating that the petitioner was hospitalized and this Court, on 22.10.2024, taking into consideration the submission made by the petitioner's counsel, had directed the petitioner to furnish the Demand Draft for a sum of Rs.3,10,000/- on 25.10.2024, however, today there is no representation for the petitioner and till date, the petitioner has not complied with the conditional order. https://www.mhc.tn.gov.in/judis

A.D.JAGADISH CHANDIRA , J.

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3. It is seen that on the request made by the learned counsel for the petitioner, this Court has granted sufficient time to the petitioner to comply with the conditional order. However, after giving an undertaking, neither the counsel for the petitioner nor the petitioner is present before this Court and comply with the conditional order.

4. In view of the above, taking into consideration the conduct of the petitioner, this Court is inclined to dismiss the petition seeking extension of time.

5. Accordingly, the civil miscellaneous petition in C.M.P.No.23526 of 2024 stands dismissed. Further, the interim stay granted by this Court on 03.07.2024 stands vacated.

28.10.2024 1/2 ham C.M.P.Nos.23526 & 4515 of 2024 in C.R.P.No.910 of 2024 https://www.mhc.tn.gov.in/judis