Madras High CourtCRP(MD)/1818/2014dismissed

P.Justin, v. Dr.Cyril Selvaraj,

2021-07-16Honourable Mr Justice A.A.Nakkiran2 pages

C.R.P.(MD)(NPD) No.1818 of 2014 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :16.07.2021

CORAM:

THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN C.R.P.(MD)(NPD) No.1818 of 2014 and M.P.(MD)No.1 of 2014 P.Justin ... Petitioner -vsDr.Cyril Selvaraj ... Respondent PRAYER: The Civil Revision Petition is filed under Section 115 of the Code of Civil Procedure, to call for the records relating to the Fair and Decreetal Order dated 26.03.2014 in E.P.No.57 of 2009 in O.S.No.60 of 1997 on the file of the I Additional Subordinate Court, Nagercoil and allow the revision.

For Petitioner : Mr.B.Rbijesh Kishore For Respondent : Mr.M.P.Senthil

O R D E R

This Civil Revision Petition has been filed to set aside the Fair and Decreetal Order dated 26.03.2014 in E.P.No.57 of 2009 in O.S.No.60 of 1997 on the file of the I Additional Subordinate Court, Nagercoil and allow the revision.

2. The facts of the case, in a nutshell, are that the petitioner is the first defendant and the respondent is the plaintiff. The suit was filed for recovery of money from the defendants and other relief. By judgement and decree, dated 11.10.2000, the suit was decreed, directing the defendants to pay a sum Rs.2,38,000/- towards plaint amount with interest at 12% per annum for the principal sum of Rs.1,75,000/- from 02.07.1996 to 11.10.2000 and thereafter 6% per annum till the date of relization with cost of Rs.24,518.50 and to execute the said order, the respondent/plaintiff has filed E.P.No.57 of 2009, which was allowed, by the impugned order. As against the same, this revision has been filed.

3.In an earlier occasion on 08.04.2021, the learned counsel for the petitioner undertook to pay the balance amount of Rs.2,50,500/- on or before 30.06.2021. When the matter was taken up for hearing on 30.06.2021, the learned counsel for the petitioner sought short accommodation for further payment and at his request, the revision https://hcservices.ecourts.gov.in/hcservices/ 1/2

C.R.P.(MD)(NPD) No.1818 of 2014 was directed to be listed on 16.07.2021.

4.Since the petitioner has not complied with the order passed by this Court dated 08.04.2021 till date, this Civil Revision Petition is dismissed.

No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) cp/msa To 1.The I Additional Subordinate Court, Nagercoil. Copy to :

The Section Officer V.R.Section Madurai Bench of Madras High Court Madurai +1 CC to M/s.M.P.SENTHIL, Advocate ( SR-23057[F] dated 19/07/2021 ) C.R.P.(MD)(NPD) No.1818 of 2014 and M.P.(MD)No.1 of 2014 Dated:

16.07.2021 RK (30.07.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2