Sambath Kumar v. David Marie Antoine

in AS.No.69 of 2021 R. MAHADEVAN, J.

and J.SATHYA NARAYANA PRASAD, J.

(Order of the court was made by R.Mahadevan, J.) Heard both sides.

2.Perusal of the court proceedings would reveal that this Court, by order dated 01.07.2021, has granted an order of interim stay on condition that the petitioners / appellants should pay one-third of the decree amount in favour of the respondent within a period of eight weeks. While passing such order, it was specifically mentioned therein that in the event of failure on the part of the petitioners / appellants to pay the said amount within the specified period, the interim stay granted would stand automatically vacated without any further reference to this Court.

3.It is further seen that as against the interim order dated 01.07.2021 passed in CMP.No.4403 of 2021 in AS.No.69 of 2021, a Special Leave petition in 1/3

SLP.No.13676 of 2021 has been filed by the petitioners / appellants and the said SLP was also dismissed as withdrawn on 09.09.2021. Even thereafter, the aforesaid conditional order dated 01.07.2021 has not been complied with by the petitioners / appellants, till date. On the other hand, they preferred CMP.No.19177 of 2021 seeking modification of the order dated 01.07.2021. 4.This Court is of the opinion that the petitioners / appellants did not comply with the conditional order, even after dismissal of the SLP by the Hon'ble Supreme Court and hence, there is no reason for considering the petition seeking modification of the said conditional order dated 01.07.2021. Therefore, the interim order granted earlier shall stand vacated and CMP.No.4403 of 2021 stands closed. CMP.No.19177 of 2021 is also closed.

[R.M.D., J.] [J.S.N.P., J.] 21.12.2022 av 2/3

R. MAHADEVAN, J.

and J.SATHYA NARAYANA PRASAD, J.

av in AS.No.69 of 2021 21.12.2022 (2/2) 3/3