Madras High CourtCMP(MD)/2496/2017ordered

Ramasamy v. Kaleeswaran

2017-03-23Honourable Dr Justice G. Jayachandran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Thursday, the Twenty Third day of March Two Thousand Seventeen PRESENT The Hon`ble Dr.Justice G.JAYACHANDRAN CMP(MD) No.2496 of 2017 IN CRP(MD) No.1454 of 2015 RAMASAMY ... PETITIONER/PETITIONER Vs 1 KALEESWARAN 2 JOHN KENNEDY ... RESPONDENTS/RESPONDENTS Civil Miscellaneous Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased To set aside the order of dismissal for default passed by this Honourable Court on 21/02/2017 and restore the above CRP(MD) 1454/2017 on the file of this Honourable Court. Prayer in CRP(MD). 1454/ 2015 :Civil Revision Petition filed Under Section 115 of the Code of Civil Procedure, to set aside the order dated 22.04.2015 passed in EA.No.328/2008 in EP.No.5/2006 in O.S.No.

102/2002 on the file of the Subordinate Judge, Srivilliputhur. ORDER : This Miscellaneous petition coming on for hearing upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.K.BAALASUNDHARAM, Advocate for the petitioner and of MR. K. SUDALAIYANDI, Advocate for the 1st Respondent, and of MR. A. ARUMUGAM, Advocate on behalf of the 2nd Respondent the court made the following order:- Notice served on the respondent. Since the Revision Petition was dismissed for non-prosecution on 21.02.2017, it appears that the decree holder is pressurising for execution of the decree. 2.The Learned Counsel for the revision petitioner submitted that in compliance with the direction of this Court, already a sum of Rs.5 lakhs has been deposited in E.P.

account and he is ready to deposit another 1 https://hcservices.ecourts.gov.

revision petition may be restored to file and matter may be heard and decided on merits. This Court finds that there is genuineness in the submission of the revision petitioner. Hence, the order passed by this Court on 21.02.2017, is set aside and C.R.P. is restored to file the revision petitioner is directed to deposit Rs.1 lakh, to the credit of E.P. account on or before 28.03.2017.

3.Post the revision petition for final disposal on 07.04.2017. sd/- ASST REGISTRAR ( RECORDS ) / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE SUBORDINATE JUDGE SRIVILLIPUTHUR COPY TO: 1. THE SECTION OFFICER, JUDICIAL SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

2. THE SECTION OFFICER, V.R. SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

1. C.C. to M/S.K.BAALASUNDHARAM Advocate SR.No.17410 Date :23/03/2017 POST ON 07/04/2017

ORDER

CMP(MD) No.2496 of 2017 IN CRP(MD) No.1454 of 2015 KK SV MMS SAR 4 24 3 2017 2P 5C https://hcservices.ecourts.gov.in/hcservices/