Madras High CourtCMP(MD)/4428/2021dismissed

P.Senthilkumar v. K.Nallathambi

2022-02-09Honourable Mrs Justice S.Ananthi (Retd.)2 pages

CMP(MD)No.4428 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Wednesday, the Ninth day of February Two Thousand and Twenty Two PRESENT The Hon`ble Mrs.Justice S.ANANTHI CMP(MD)No.4428 of 2021 in CRP(MD)No.1721 of 2013 P.Senthilkumar ... Petitioner/1st Respondent/ Plaintiff Vs 1.K.Nallathambi ... Respondent/Petitioner/ 1st Defendant 2.P.Mahalakshmi 3.Prabhu Kannan ... Respondents/Respondents/ 2nd & 3rd Defendants Prayer in C.M.P.(MD)No.4428 of 2021:- Civil Miscellaneous Petition is filed under Section 148 of C.P.C., to grant an order of extension of time, granted in the order made in C.R.P(MD) No. 1721 of 2013 dated 12.11.2019 on the file of this Honourable Court and thus render justice.

Prayer in CRP(MD)No.1721 of 2013:- This Civil Revision Petition is filed under Article 227 of Constitution of India, to set aside the fair and decreetal order passed in I.A.No.459 of 2013 in O.S.No.240 of 2010 on the file of the I Additional District Munsif, Trichy, dated 04.07.2013.

ORDER:- This Civil Miscellaneous Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.T.Vadivelan, Advocate for the Petitioner, this Court made the following order: This Petition is filed to extend the time granted in C.R.P(MD) No.1721 of 2013, dated 12.11.2019.

2.The learned counsel appearing for the petitioner submitted that by order, dated 12.11.2019 in C.R.P(PD)(MD)No.1721 of 2013, this Court directed the petitioner should pay a sum of Rs.2,000/- (Rupees Two thousand only) as directed by the learned I Additional https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMP(MD)No.4428 of 2021 District Munsif, Trichy, within a period of two weeks from the date of receipt of copy of that order. But the order copy was received only on 20.12.2019 and due to covid-19 pandemic situation, he could not pay the amount.

3.A perusal of records would show that covid-19 pandemic was lifted only in the year March 2020. But the petitioner has filed a extension of time petition in the year 2021. After lapse of one year, he has filed this petition. So reasons stated in the affidavit is not sufficient and genuine. Hence, the Civil Miscellaneous Petition is dismissed.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) vsd TO The I Additional District Munsif, Trichy.

Copy to:

The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai.

ORDER DATED : 09/02/2022 ==========================

ORDER

========================== CMP(MD)No.4428 of 2021 in CRP(MD)No.1721 of 2013 Giving direction and etc.

as stated within.

RK(21/02/2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2