Madras High CourtCMP(MD)/4404/2020allowed

Navakodi Ponsekar v. Ramanathan

2020-09-17Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Thursday, the Seventeenth day of September Two Thousand and Twenty PRESENT The Hon'ble Mr.Justice S.S.SUNDAR CMP(MD).No.4404 of 2020 in CRP(MD).No.487 of 2020 Navakodi Ponsekar ... Petitioner/Petitioner Vs Ramanathan ... Respondent/Respondent Prayer in CMP(MD)No.4404 of 2020 :

This Civil Miscellaneous Petition filed under Section 151 of C.P.C., to Extend the time to deposit 25 percentage of decree amount passed in C.R.P(PD)(MD)No.487 of 2020 and C.M.P(MD)No.2995 of 2020 order dated 18-03-2020 on the file of this Court. Prayer in CRP(MD)No.487 of 2020 :

This Civil Revision Petition is filed Under Section 115 of C.P.C., to set aside the fair order and Decreetal order dated 16.11.2018 passed in I.A.No.179 of 2018 in O.S.No.194 of 2016 on the file of the I Additional District Court, Madurai. ORDER:- This Civil Miscellaneous Petition coming upon for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.C.Susi Kumar, Advocate for the Petitioner and of Mr.R.Devaraj, Advocate for the respondent, this Court made the following order: This petition is filed to extend the time to deposit 25% of decree amount, granted in C.R.P.(MD)No.487 of 2020, dated 18.03.2020.

2.While allowing the main Civil Revision Petition, by order, dated 18.03.2020, this Court directed the petitioner to deposit 25% of the decree amount before the I Additional District Court, Madurai, on or before 09.04.2020 with a default clause that the Civil Revision Petition shall stand dismissed automatically in case, the revision petitioner does not make the payment within the time stipulated.

3.The learned Counsel for the respondent vehemently argued that time need not be extended and that sufficient time has been taken by the petitioner to comply with the direction of this Court and that the same is sufficient to turn town the request of the petitioner. https://hcservices.ecourts.gov.in/hcservices/

4.Considering the fact that lot of inconvenience and hardships have been caused to the general public on account of COVID-19, the Court is expected to be lenient, especially, in a case like this. Hence, this Court is inclined to allow this petition and accordingly this petition is allowed and the time granted by this Court, by order, dated 18.03.2020 to deposit 25% of the Decree amount, is extended till 08.10.2020. In case, the petitioner fails to deposit 25% of the decree amount on or before 08.10.2020, the petition for extension of time shall stand automatically dismissed without any reference to Court.

Sd/- Assistant Registrar (C.O) // True Copy // / /2020 Sub Assistant Registrar(CS) To The I Additional District Court, Madurai.

+1cc to Mr.G.S.Asok Adhithyan, Advocate, SR.No.6512(i). ORDER DATED : 17/09/2020 ==========================

ORDER

========================== CMP(MD). No.4404 of 2020 in CRP(MD). NO.487 OF 2020 Giving direction and etc.

as stated within.

AC(CO) CS(24.09.2020) 2P 3C https://hcservices.ecourts.gov.in/hcservices/