Madras High CourtCMP(MD)/5182/2019allowed

Murali, v. Vedhamary,

2021-12-02Honourable Ms. Justice P.T. Asha2 pages

CMP(MD). NO.5182 OF 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT CIVIL APPELLATE JURISDICTION THURSDAY, THE SECOND DAY OF DECEMBER TWO THOUSAND TWENTY ONE PRESENT THE HON'BLE MS.JUSTICE P.T.ASHA CMP(MD). NO.5182 OF 2019 IN CRP(MD)NO.2578 OF 2016 1.Murali, S/o.V.K.Swarnamani No.9 North St Balaji Nagar Chrompet, Chennai.

2.Sudhakar, S/o.V.K.Swarnamani No.9 North St Balaji Nagar Chrompet, Chennai.

... Petitioners/Respondents Vs 1.Vedhamary W/o.Thanislas, Old No.95/5, New No.706, Madurai Thondi Road, Kalayarkovil, Sivagangai District 2.Peter S/o.Thanislas, Old No.95/5, New No.706, Madurai Thondi Road, Kalayarkovil, Sivagangai District 3.Arul Prakasam S/o.Thanislas, Old No.95/5, New No.706, Madurai Thondi Road, Kalayarkovil, Sivagangai District ... Respondents/Petitioners Prayer :- Pleased to pass an order to Extend the time for the further period of two weeks to comply with the condition in the Final Order dated 09.10.2018 passed in CRP(MD) No.2578 of 2016 on the file of this Honourable Court and thus render justice. ORDER:- This Miscellaneous Petition coming on for orders on this date under the caption for "Extension of time" and in the presence of Thiru. E.R.Gurubalachandran, Advocate for the Petitioner and of Thiru.. S.Natarajan, Advocate for the respondent, this Court made the following order:

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CMP(MD). NO.5182 OF 2019 The Civil Miscellaneous Petition is filed for extending the time for complying with the orders of this Court dated 09.10.2018 in C.R.P.(MD) No.2578 of 2016.

2.In the affidavit filed in support of the said petition, the petitioners have stated that though they had given their Advocate the amount to be given to the revision petitioners, they refused to receive the same. By reason of the non-compliance of the order dated 09.10.2018, the suit has also been dismissed as a consequence. Therefore, the petitioners would seek to have the time extended. 3.Since sufficient reasons have been given for extending the time, this Court is inclined to allow this petition and is allowed, accordingly. However, considering the delay, an additional sum of Rs.2,000/- is directed to be paid to each of the revision petitioners. The said amounts have also been received today, i.e., 02.12.2021 by the learned counsel for the revision petitioners in addition to the sum of Rs.5,000/-, (totally Rs.

7,000/- to each revision petitioners), which was directed to be paid to the revision petitioners in the order dated 09.10.2018. Considering the fact that the Trial Court has dismissed the suit only on account of the non-compliance of the order, the learned Subordinate Judge, Sivagangai is directed to restore the suit to the file, once an application in this regard is made.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) TO THE SUBORDINATE JUDGE, SIVAGANGAI.

ORDER DATED:02/12/2021 ======================== Extension of time ======================= CMP(MD). No.5182 of 2019 in CRP(md)No.2578 OF 2016 Giving direction and etc.

as stated within.

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