Vaithilingam v. S.Paneerselvam
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Civil Appellate Jurisdiction) Friday, the Fourteenth day of June Two Thousand and Nineteen
CORAM:
The Hon'ble Mrs.Justice J.NISHA BANU CMP(MD). No.4985 of 2019 IN CRP(MD).No.1329 of 2018 VAITHILINGAM ...Petitioner/Petitioner Vs S.PANEERSELVAM
...Respondent/Respondent
Prayer in CMP(MD). No.4985 of 2019 :- Civil Miscellaneous Petition is filed under section 151 of Civil Procedure Code, praying this Hon'ble Court to extend the time limit for further period of 2 months imposed on the petitioner in C.R.P.No.1329 of 2018 dated 23.04.2019.
Prayer in CRP(MD). 1329 of 2018 :
Civil Revision Petition is filed under Article 227 of Constitution of India to set aside the Lok Adalat award dated 28.03.2017 in E.P.No.182 of 2017 in O.S.No.265 of 2011 on the file of Principal Subordinate Court, Thanjavur.
ORDER:- Civil Miscellaneous Petition is coming on for hearing on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.A.MURALIKUMAR, Advocate for the Petitioner and of Mr.N.BALAKRISHNAN, Advocate for the respondent, this Court made the following order:
This petition has been filed by the petitioner / defendant seeking to extend the time limit for a further period of two months to comply with the order dated 23.04.2019 made in C.R.P(MD)No.1329 of 2018.
2.The respondent / plaintiff filed O.S.No.265 of 2011 before the Court below, for recovery of money. The suit was referred to the Lok Adalat at Thanjavur and an award was passed on 28.03.2017 on the basis of the joint memo filed by both parties stating that the petitioner / defendant shall pay a sum of Rs.2,00,000/- to the respondent / plaintiff within a period of six months from the date of the award. Based on the said award, the respondent / plaintiff filed E.P.No.182 of 2017. Against which, the petitioner / defendant filed C.R.P(MD)No.1329 of 2018 before this Court and this Court, vide order dated 23.04.2019, allowed the revision on condition to deposit the entire award amount within a period of one month. The petitioner / defendant filed the present petition seeking to extend the time limit for a further period of two months stating that he is 75 years old and is unable to mobilize funds with the stipulated time.
3.The learned counsel for the respondent / plaintiff does not have any objection for granting one month time. 4.Considering the facts and circumstances of the case and also considering the reasons stated in the affidavit filed in support of the petition for extension of time, one month time is extended from today to comply with the order dated 23.04.2019 made in C.R.P(MD) No.1329 of 2018 and the petitioner / defendant shall deposit the entire award amount on or before 15.07.2019.
5.This petition is ordered accordingly.
Sd/- Assistant Registrar (CS-II) / True Copy / Sub Assistant Registrar(CS- ) To The Principal Subordinate Judge, Thanjavur.
Copy To:
The District Legal Services Authority, District Court Campus, Thanjavur.
+1CC to Mr.A.Muralikumar, Advocate, SR.No.9824 ORDER DATED : 14/06/2019 ==========================
ORDER
========================== CMP(MD) No.4985 of 2019 Giving direction and etc.
as stated within.
ES/20.06.2019/3P/4C