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Madras High CourtCRP(MD)/668/2022dismissed

R. Pandian, v. Aruna Ammal,

2022-03-29Honourable Mrs Justice S.Ananthi (Retd.)2 pages

C.R.P(MD)No.668 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.03.2022

CORAM

THE HON'BLE MRS.JUSTICE S.ANANTHI C.R.P(MD)No.668 of 2022 and C.M.P(MD)No.2737 of 2022 R.Pandian ... Revision Petitioner /Respondent / Defendant Vs.

ArunaAmmal

...Respondent / Respondent / Plaintiff

PRAYER: Civil Revision Petition filed under Section 115 of Civil Procedure Code, to set aside the return endorsement dated 08.03.2022 in E.A. Filing Number 1239 of 2022 in E.P.No.16 of 2020 in O.S.No.938 of 2010 on the file of the Additional Sub Judge, Manaparai, Trichy.

For Petitioner : Mr.P.Ganapathi Subramanian

ORDER

The Civil Revision Petition has been filed to set aside the return endorsement dated 08.03.2022 in E.A. Filing Number 1239 of 2022 in E.P.No.16 of 2020 in O.S.No.938 of 2010 on the file of the Additional Sub Judge, Manaparai, Trichy.

2.The said E.A. Filing Number 1239 of 2022 in E.P.No.16 of 2020 was filed by the revision petitioner under Section 151 of C.P.C., to condone the delay in depositing the amounts as per the order of this Court, which was rejected by the learned First Additional Subordinate Judge, Manaparai, Trichy. Aggrieved by the said order, the revision petitioner has filed this Civil Revision Petition. 3.This Court, by an order dated 02.11.2018 in CRP(NPD)(MD) No.2437 of 2018, directed the petitioner to pay a sum of Rs.10,000/- by way of cost and also a further sum of Rs.39,600/- towards Court fees paid by the decree holder and also a sum of Rs.4,00,000/- being the pro-note amount in the suit account, within a period of six weeks from the date of receipt of a copy of that order.

However, the revision petitioner has not deposited the amount within the time stipulated by this Court. Thereafter, he filed E.A. Filing Number 1239 of 2022 after lapse of four years. Since this Court has given direction to the revision petitioner to deposit the said amount, the petitioner has not deposited any amount and has not filed any extension petition within time before this Court. Therefore, the trial Court has rightly rejected the said petition and this Court https://hcservices.ecourts.gov.

C.R.P(MD)No.668 of 2022 does not find any valid reason to interfere with the same. 4.In view of the above, this Civil Revision Petition is dismissed and the return endorsement dated 08.03.2022 in E.A. Filing Number 1239 of 2022 in E.P.No.16 of 2020 in O.S.No.938 of 2010 passed by the learned Additional Sub Judge, Manaparai, Trichy, is hereby confirmed. No costs. Consequently connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) vsd To 1.The Additional Subordinate Judge, Manaparai, Trichy.

2.The Section Officer, V.R.Records, Madurai Bench of Madras High Court, Madurai. (2 COPIES) C.R.P(MD)No.668 of 2022 and C.M.P(MD)No.2737 of 2022 29.03.2022 RD(22.04.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2