Madras High CourtCRP(MD)/1991/2022allowed

Jeyalakshmi v. Vinoth Prakash Kumar

2024-03-25Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.03.2024 CORAM :

THE HON'BLE MR JUSTICE G.ILANGOVAN CRP(MD).No. 1991 of 2022 and CMP(MD).No.9135 of 2022 Jeyalakshmi ... Petitioner Vs.

Vinoth Prakash Kumar ... Respondent PRAYER:- Petition filed under Section 115 CPC against the order, dated 20.11.2019 passed in I.A.No.1 of 2019 in O.S.No.87 of 2017 on the file of the Principal District and Sessions Court, Virudhunagar at For Petitioner : Mr.R. Senthilkumar For respondent : Mr.L. Prabhu

O R D E R

This Civil Revision Petition has been filed against the order, 1/4

dated 20.11.2019 made in I.A.No.1 of 2019 in O.S.No.87 of 2017 on the file of the Principal District and Sessions Court, Virudhunagar at

2. The respondent / plaintiff has filed a suit in O.S.No.87 of 2017, which was decreed ex parte on 19.07.2008. Thereafter, the revision petitioner / defendant has filed an application in I.A.No.1 of 2017 with a delay of 109 days and the same was allowed by the trial Court on 20.11.2019 on condition that the petitioner pays a sum of Rs.1,000/- to the respondent on or before 04.12.2019, failing which this petition shall stand dismissed. Since the petitioner has not complied with the order passed by the trial Court, the said application was dismissed. In such circumstances, he has filed the present Civil Revision Petition.

3. When the matter was taken up for hearing on 01.03.2024, this Court directed the petitioner to pay a sum of Rs.10,000/- as cost to respondent on or before 01.03.2024 and the order of this Court is also complied with.

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4. In view of the compliance of the order passed by this Court, dated 01.03.2024, this Court is inclined to allow this petition.

5. Accordingly, this Civil Revision Petition is allowed and the order passed in I.A.No.1 of 2019 in O.S.No.87 of 2017 on the file of the Principal District and Sessions Court, Virudhunagar at Srivilliputur is set aside. No costs. Consequently, the connected Miscellaneous Petition is closed.

25.03.2024 Internet : Yes / No Index : Yes / No Speaking / Non Speaking order trp To The the Principal District and Sessions Curt, Virudhunagar at 3/4

G.ILANGOVAN,J.

Trp CRP(MD).No. 1991 of 2022 and CMP(MD).No.9135 of 2022 25.03.2024 4/4