M/S.Lingam And Co v. M/S.Sankari Engineering

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 18/08/2025

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI CRP (MD). No.1176 of 2025 and CMP(MD) No.6297 of 2025 M/s.Lingam and Company Through its Partner L.Kuthalingam Office at Door No.176/3 SNH Road Tirunelveli 627 001.

... Petitioner Vs M/s.Sankari Engineering, Through Authorized Person, G.Rajamanickam, Office at R.S.No.21/48, Koodapakkam Main Road, Villiyanoor Post, Pondicherry - 605 110..

... Respondent PRAYER :-Civil Revision Petition filed under section 115 of Civil Procedure Code, to set aside the fair and decreetal order dated 19.02.2025 passed in E.A.No.10 of 2025 in E.P.No.6 of 2015 in O.S.No. 103 of 2009, on the file of IV Additional District Court, Tirunelveli. For Petitioner : Mr.D.Nallathambi For Respondent : Mr.M.P.Senthil 1/4

ORDER

The Civil Revision Petition has been filed challenging the order dated 19.02.2025 passed in E.A.No.10 of 2025 in E.P.No.6 of 2015 in O.S.No.103 of 2009, on the file of IV Additional District Court, Tirunelveli.

2. When the Civil Revision Petition is taken up for hearing, the learned counsel for the petitioner would submit that a settlement has been arrived at between the parties for payment of Rs.80,00,000/-, in which, Rs.25 lakhs was paid through demand draft, viz., No.614190 and Rs.30 lakhs was paid today, ie., 18.08.2025 through DD No.000757 and the remaining amount of Rs.25,00,000/- (Rupees twenty five lakhs only) will be paid within a period of three months, ie., on or before 30.11.2025. The learned counsel would further submit that an undertaking affidavit has also been filed to that effect.

3. In view of the above, the Civil Revision Petition is disposed of and the following order is passed:

The petitioner is directed to pay the balance amount as per the 2/4

undertaking affidavit, on or before 30.11.2025. If the amount is paid as undertaken by the petitioner, the property, which was brought for sale is hereby set aside and the property is free from all encumbrances. If the said balance amount is not paid on or before 30.11.2025, liberty is granted to the respondent to file contempt petition before this Court. Whatever amount available before the trial Court, the respondent is permitted to withdraw the same. The undertaking affidavit shall form part of the record.

No costs. Consequently connected Miscellaneous Petition is closed. 18.08.2025 NCC : Yes/No Index : Yes/No RR TO 1.The IV Additional District Court, Tirunelveli. 2.VR Section Madurai Bench of Madras High Court, Madurai.

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M.DHANDAPANI,J RR

ORDER

IN CRP(MD) No.1176 of 2025 Date : 18/08/2025 4/4