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Madras High CourtCMP(MD)/3165/2021allowed

The State Of Tamilnadu, v. Bharathi Mohan,

2021-03-29Honourable Mr Justice R. Subramanian2 pages

CMP(MD) No.3165 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Twenty Ninth day of March Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice R.SUBRAMANIAN CMP(MD) No.3165 of 2021 in SA(MD)No.95 of 2021 1 THE STATE OF TAMILNADU, REP. BY ITS DISTRICT COLLECTOR'S OFFICE, TIRUCHIRAPPALLI - 1.

2 THE DISTRICT MEDICAL OFFICER/DEAN, KAP GOVERNMENT MEDICAL COLLEGE AND ANNAL GANDHI MEMORIAL GOVERNMENT HOSPITAL, TIRUCHIRAPPALLI - 17.

3 THE MEDICAL OFFICER, GOVERNMENT HOSPITAL, LALGUDI, TRICHY DISTRICT.

4 JOINT DIRECTOR (HEALTH SERVICES), TIRUCHIRAPPALLI - 1. ... PETITIONERS/PETITIONERS/APPELLANTS Vs BHARATHI MOHAN ... RESPONDENT/RESPONDENT/RESPONDENT PRAYER IN CMP(MD)No.3165 of 2021 :

To Extend the time granted in the order dated 18.02.2021 in C.M.P.(MD).No.1503/2021 in S.A.(MD).No.95 of 2021, by another 8 weeks.

PRAYER IN CMP(MD)No.1503 of 2021 :

To stay of operation of judgment and decree dated 26.06.2018 passed in AS No. 31 of 2017 on the file of the Learned Principal District Judge, Tiruchirappalli confirming the judgment and Decree dated 21-04-2016 passed by the learned I Additional Subordinate Judge, Tiruchirappalli in OS No. 107 of 2010, pending disposal of the above Second Appeal.

Prayer in SA(MD)No.95 of 2021 :

To set aside the judgment and decree dated 26.06.2018 passed in AS No. 31 of 2017 on the file of the Learned Principal https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMP(MD) No.3165 of 2021 District Judge, Tiruchirappalli confirming the judgment and Decree dated 21-04-2016 passed by the learned I Additional Subordinate Judge, Tiruchirappalli in OS No. 107 of 2010 and pass such other or further orders as this Honourable Court may deem fit and proper in the facts and circumstances of the case.

ORDER :This petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.VR.SHANMUGANATHAN, Advocate for the petitioners and of Mr.G.SRIDHARAN, Advocate on behalf of the Respondent, the Court made the following order:- Considering the reasons set out in the affidavit filed in the support of the petition and the fact that the elections are round corner, this petition is allowed.

2.The time granted for depositing the decree amount as per the order dated 18.02.2021 is extended upto 31.05.2021. It is made clear that no further extension will be granted. If the amount is not deposited by 31.05.2021, the interim order granted will stand automatically vacated. It will be open to the decree holder to seek execution of the decree. On such deposit, the decree holder is permitted to withdraw 50% of the amount, without furnishing security.

3.The Civil Miscellaneous Petition is allowed on these terms.

sd/- 29/03/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE PRINCIPAL DISTRICT JUDGE, TIRUCHIRAPPALLI 2.THE I ADDITIONAL SUBORDINATE JUDGE, TIRUCHIRAPPALLI +1. C.C. to Mr.G.SRIDHARAN, Advocate SR.No.2651

ORDER

IN CMP(MD) No.3165 of 2021 in SA(MD)No.95 of 2021 Date :29/03/2021 VRN PK/PN/01.04.2021 : 2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2