Madras High CourtCRP(MD)/504/2022closed

Kalimuthu v. Ponnuthai

2022-10-17Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 17.10.2022

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI and CMP(MD)No.2180 of 2022 1.Kalimuthu 2.Sarojini 3.Prabakaran ... Petitioners Vs Ponnuthai ... Respondent PRAYER: Civil Revision Petition is filed under Section 115 of CPC to set aside the fair and decreetal order made in I.A.No.91 of 2018 in O.S.No.169 of 2012 dated 28.01.2022 on the file of the Sub Court, Theni.

For Petitioner : Mr.S.Vellaisamy

ORDER

The civil revision petition is filed as against the fair and decreetal order passed in I.A.No.91 of 2018 in O.S.No.169 of 2012.

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2.The respondent herein has filed the suit in O.S.No.169 of 2012 before the Sub Court, Theni, for the relief of specific performance. The petitioners/ defendants failed to file their written statement and therefore, the suit was decreed ex-parte. The petitioners filed an application in I.A.No.91 of 2018 to condone the delay of 1808 days in filing the application to set aside the ex-parte order. However, the trial Court dismissed the said application. Aggrieved over the same, the present civil revision petition is filed.

3.This Court while entertaining this civil revision petition by order dated 15.03.2022 granted an order of interim stay on condition that the petitioners shall deposit a sum of Rs.1,00,000/- to the credit of O.S.No.169 of 2012 on the file of the Sub Court, Theni on or before 18.03.2022. Accordingly the petitioners have deposited the said amount on 18.03.2022 and E-challan is also produced. 4.The learned Counsel for the petitioners submits that pending this civil revision petition, the parties have 2/4

settled their dispute and therefore seeks permission of this Court to withdraw this civil revision petition and he has also made an endorsement to that effect.

5.In view of the above submission and subsequent developments this civil revision petition is dismissed as withdrawn. The petitioners are at liberty to file necessary application before the trial Court to withdraw the amount deposited by them pursuant to the orders dated 15.03.2022 passed by this Court in CMP(MD)No.2180 of 2022 in CRP(MD)No.504 of 2022 and the trial Court shall decide the same after hearing the respondent. No costs. Consequently connected miscellaneous petition stands dismissed. 17.10.2022 dsk To The Sub Judge, Theni.

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B.PUGALENDHI, J.

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