Madras High CourtCRP(MD)/1928/2024allowed

Sundar Raj v. Rajan Babu

2024-09-13Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 13.09.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and C.M.P.(MD)No.10974 of 2024 Sundar Raj ... Petitioner / Petitioner Vs.

Rajan Babu ... Respondent / Respondent Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the order made in I.A.No.1 of 2023 on 31.01.2024 in A.S.No. 40 of 2023 on the file of the learned Additional District and Session Judge (Fast Track Court), Nagercoil.

For Petitioner : Mr.A.Robinson For Respondent : no appearance

O R D E R

Heard the learned counsel for the revision petitioner. The respondent has been served but he has not chosen to enter appearance. 1/4

2. The petitioner was the defendant in O.S.No.125 of 2019 on the file of the Principal Sub Court, Nagercoil. The respondent herein filed the said suit seeking recovery of certain sum of money. The suit was decreed on 07.12.2022. Questioning the same, the revision petitioner filed A.S.No.40 of 2023 before the Additional District and Session Judge (FTC), Nagercoil. The court below granted interim stay on condition that the petitioner should deposit 50% of the decreetal amount. Since the petitioner could not comply with the said condition, I.A.No.1 of 2023 came to be dismissed on 31.01.2024. Challenging the same, this civil revision petition came to be filed.

3. When the matter was taken up for hearing, I imposed condition that the petitioner should deposit 25% of the decreetal amount. The learned counsel for the petitioner states that this condition has been complied with. The petitioner is said to have been availed loan from ITAC without permission. He is said to be heavily indebted.

4. Taking into account the special facts and circumstances, particularly, the fact that 25 % of the decreetal amount has been deposited before the court below, the impugned order is set aside. The decree suffered by the petitioner in 2/4

O.S.No.125 of 2019 on the file of the Principle Sub Court, Nagercoil will stand stayed till the disposal of A.S.No.40 of 2023 on the file of the Additional District & Sessions Judge, Nagercoil.

4. The Civil Revision Petition is allowed. No costs. Consequently, connected miscellaneous petition is closed.

13.09.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No rmi To:

The Additional District and Session Judge (Fast Track Court), Nagercoil.

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G.R.SWAMINATHAN, J.

rmi 13.09.2024 4/4