Sakthi Book Shop v. Sakthi Paper Stores
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Ninth day of October Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CMP(MD) No.9230 of 2018 IN CRP(MD) No.1482 of 2018 SAKTHI BOOK SHOP REP BY ITS PROPRIETOR, S.DEIVENDRAN, D.NO.14 AND 15, NANDHAVANAM ST, THIRUTHANGAL, SIVAKASI TALUK, VIRUDHUNAGAR DISTRICT. ... PETITIONER/PETITIONER Vs SAKTHI PAPER STORES REP BY ITS PROPRIETOR, K.S.P.SUBBAIAH CHETTIAR, S/O.N.K.KASI CHETTIAR, D.NO.16/2A, P.S.R.ROAD, SIVAKASI, VIRUDHUNAGAR DISTRICT.
... RESPONDENT/RESPONDENT Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to Extend the time to deposit the amount granted by this Honourable Court in C.M.P.(MD) No.6408 of 2018 in C.R.P.(MD) No.1482 of 2018, dated 18.07.2018 for a further period of 3 months, pending disposal of the above Civil Revision Petition and thus render justice. Prayer in CRP(MD). 1482/ 2018 :
Pleased to set aside the Petition Order dated 27.03.2018 passed in E.P.No.8 of 2014 in O.S.No.314 of 1999 on the file of the Subordinate Judge, Sivakasi, and allow the present Civil Revision Petition ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.N.RAHAMADULLAH, Advocate for the petitioner and of Mr.M.SURESHKUMAR,Advocate for the Respondents, the court made the following order:- The judgment debtor has filed this civil revision petition questioning the order passed by the Executing Court directing him to deposit the entire decreetal amount. While entertaining this civil revision petition, this Court gave one month time to deposit the https://hcservices.ecourts.gov.in/hcservices/
entire amount. The judgment debtor has now filed C.M.P.(MD)No.9230 of 2018 seeking further extension of time.
2. This Court is inclined to grant such extension of time and refer the matter to the Tamil Nadu Mediation and Concilliation Centre, Madurai Bench of Madras High Court, Madurai, provided that the amount that has already been deposited is allowed to be withdrawn by the decree holder.
3. The learned counsel appearing for the petitioner / judgment debtor has no objection for the same. Therefore, while allowing C.M.P.(MD)No.9230 of 2018 and referring the matter to Tamil Nadu Mediation and Concilliation Centre, Madurai Bench of Madras High Court, Madurai, this Court permits the decree holder / respondent herein to withdraw the amount already deposited by the petitioner herein.
4. In the result, C.M.P.(MD)No.9230 of 2018 is allowed and time is extended for a further period of three months from the date of receipt of a copy of this order and C.R.P.(MD)No.1482 of 2018 is referred to Tamil Nadu Mediation and Concilliation Centre, Madurai Bench of Madras High Court, Madurai. Interim order already granted on 18.07.2018 is extended.
sd/- 09/10/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO THE SUBORDINATE JUDGE, SIVAKASAI.
THE CO-ORDINATOR MEDIATION AND COUNCILIATION CENTRE, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. C.C. to Mr.N.RAHAMADULLAH Advocate SR.No.19229 +1. C.C. to Mr.M.SURESH KUMAR Advocate SR.No.19246 PS/JC/SAR-4:11/10/2018:2P/5C
ORDER
IN CMP(MD) No.9230 of 2018 IN CRP(MD) No.1482 of 2018 Date :09/10/2018 https://hcservices.ecourts.gov.in/hcservices/