R.Jeyachandran v. S.Parasamal

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Fourth day of April Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CMP(MD) No.3648 of 2016 IN CRP(MD) No.812 of 2015 R.JEYACHANDRAN ... PETITIONER/PETITIONER/PETITIONER Vs S.PARASAMAL ... RESPONDENT/RESPONDENT/RESPONDENT Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to grant further time of three months to comply the order dated 22.02.2016 made in C.M.P.(MD)No.1588 of 2016 in CRP(MD)NO.812 of 2015 and thus render justice.

Prayer in CRP(MD)No.812/ 2015 : Civil Revision Petition is filed under Section 45 of the Code of Civil Procedure to set aside the order dated 12.2.2015 made in E.P.No.64 of 2014 on the file of the Additional District Judge, Dindigul.

ORDER : This Civil Revision petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S. P.ATHIMOOLAPANDIAN, Advocate for the petitioner and of MR.R.SUNDAR, Advocate for the Respondent the court made the following order:- This Civil Miscellaneous Petition has been filed seeking extension of further three months time to comply the order, dated 22.02.2016 made in C.M.P(MD)No.1588 of 2016 in CRP(MD) No.812 of 2015.

2.This Court, by the order, dated 22.02.2016 in C.M.P.(MD) No.1588 of 2016 in C.R.P(MD)No.812 of 2015 granted further time till 31.03.2016.

3.The learned counsel for the petitioner stated that this Court passed an order, dated 22.02.2016 and that the petitioner could not mobilize the huge amount of Rs.20,00,000/- due to election notification. In the circumstances, he has come out with the present petition for seeking three months time.

https://hcservices.ecourts.gov.in/hcservices/ 4.The learned counsel for the respondent submitted that already the respondent filed execution petition in E.P., and the same is

pending and the matter has been settled before the Lok Adalat in the year 2013. The petitioner did not pay the agreed amount and from 2013 he is prolonging the matter. The respondent filed E.P.No.64 of 2014, on the file of the Additional District Court, Dindigul to execute the award passed by the Lok Adalat, dated 06.04.2014. 5.I have heard the learned counsel appearing for the petitioner and the respondent.

6.From the records, it is seen that already this Court by the order, dated 22.02.2016 considering the application of petitioner, granted time till 31.03.2016. Today, again the petitioner has come out with the present petition for extension of time for three months. The petitioner has not given any reason for extension. In the circumstances, this petition is not maintainable and hence, this petition is dismissed.

sd/- Assistant Registrar(CS-I) / TRUE COPY / Sub-Assistant Registrar TO THE ADDITIONAL DISTRICT JUDGE, DINDIGUL.

+1 CC TO M/S.P.ATHIMOOLAPANDIAN, ADVOCATE IN SR.NO.18851 CSL/NGM-SS/SAR-I/24.05.2016 :2P/3C

ORDER

CMP(MD) No.3648 of 2016 IN CRP(MD) No.812 of 2015 DISMISSING THE CIVIL MISCELLANEOUS PETITION ETC., AS STATED WITHIN.

https://hcservices.ecourts.gov.in/hcservices/