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Madras High CourtCMP(MD)/7790/2025ordered

Felix Samuvel v. Ayyadurai

2025-06-06Honourable Mrs Justice S.Srimathy5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Friday, the Sixth day of June Two Thousand and Twenty Five PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY in AS(MD)No.55 of 2024 1.Felix Samuvel 2.Yebalfedrick ... Petitioners / Appellants -Vs- 1 Ayyadurai 2 Gnanam Paulraj 3 Selvaraj Devasundaram 4 Richard Pearson 5 Merlin Sivliya 6 Mefal Katherin ... Respondents/Respondents 1/5

Prayer in CMP(MD). No.7790 of 2025 This Petition filed Under Section 151 of Civil Procedure Code to extend the time granted in judgment dated 26.09.2024 made in A.S(MD) No.55 of 2024 on the file of this Honourable Court.

Prayer in AS(MD)No.55 of 2024:- Appeal Suit filed under Order 41 Rule 1 read with Section 96 of Civil Procedure Code against the Decree and Judgment passed in O.S.No.9 of 2019, on the file of the Additional District Judge (FTC), Tenkasi, dated 08.06.2023. ORDER:- This Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.G.Naveen Kumar, Advocate for the Petitioner, this Court made the following By Judgment dated 26.09.2024 in A.S.(MD) No. 55 of 2024, this Court issued directions to the petitioners herein/appellants to deposit a sum of Rs.18,00,000/- with interest at 6% per annum from the date of filing of the suit, within a period of three months from the date of receipt of a copy of the Judgment. However, the appellants were unable to deposit the amount within the time stipulated by this Court. Hence, the present petition is filed seeking an extension of time. 2/5

2. The learned counsel for the petitioner submitted that he is now ready and willing to deposit the said sum within the time stipulated by this Court.

3. Considering the reasons stated in the affidavit filed in support of the petition, this Court is inclined to allow the petition.

4. Accordingly, this petition is allowed. The petitioners/appellants are directed to deposit a sum of Rs.18,00,000/- with interest at the rate of 6% per annum, within a period of one month from the date of receipt of a copy of this order. Sd/- ASSISTANT REGISTRAR ( CS - I ) // True Copy // / /2025 Sub Assistant Registrar ( CS-I / II / III / IV ) Madurai Bench of Madras High Court, Madurai.

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TO The Additional District Judge (FTC), Tenkasi Copy to:

The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai +1 CC to M/s.G.NAVEENKUMAR, Advocate ( SR-6004[I] dated 06/06/2025 ) 4/5

ORDER DATED : 06/06/2025 ==========================

ORDER

========================== in AS(MD)No.55 of 2024 AS - ( 12 .06.2025) 5P/ 4 C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5