Madras High CourtREV.APLC(MD)/114/2024disposed of

M.Janet Amala Arul Jothi v. Samuel Raj

2024-09-27Honourable Mr Justice N. Seshasayee,Honourable Mr Justice P.Vadamalai5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.09.2024 CORAM :

JUSTICE N.SESHASAYEE and JUSTICE P.VADAMALAI Review Application (MD) No.114 of 2024 M.Janet Amala Arul Jothi ... Review Petitioner / Petitioner / Appellant Vs Samuel Raj .... Respondent / Respondent / Respondent PRAYER: Review Petition filed under Order 47 Rule 1 &2 r/w.114 of CPC., praying to review the order dated 16.07.2024 passed in C.M.P.(MD) No.4520 of 2024 in A.S.(MD) SR.No.56274 of 2023 on the file of this Court and to pass such other or further orders as this Court may deem fit and proper in the circumstances of the case.

For Review Petitioner : Mr.A.Sankararamasubramanian For Respondent : Mr.V.Sasikumar 1/5

ORDER

N.SESHASAYEE, J.

The review petitioner / appellant who had moved this petition for recalling the order dated 16.07.2024 in C.M.P.(MD) No.4520 of 2024 in A.S.(MD)SR.No. 56274 of 2023, is heard.

2. Prior to the order under review, this Court vide its order dated 11.06.2024 had directed the appellant to deposit Rs.7,50,000/- with interest, which according to the petitioner/appellant the said sum was the admitted liability. Since it was not paid, this Court refused to grant stay of execution proceedings.

3. The present petition is filed to review the said order. The learned counsel submitted that he would deposit Rs.7.50 lakhs with interest in the Court within two weeks time.

4. This matter came up before this Court on 23.09.2024, and this Court informed 2/5

that the review petitioner might have to pay a cost of Rs.5,000/-. Pursuant to the same, the petitioner had made a payment of Rs.5,000/- to the respondent counsel, and the cost memo too had been filed.

5. In view of the same, this Court recalls its earlier order dated 16.07.2024, and both the CMP(MD) No.4520 of 2024 and the appeal suit in A.S.(MD)SR.No. 56274 of 2023 are restored to its file on condition that the review petitioner / appellant deposits the said amount within a period of two weeks from the date on which a copy of this order is hosted in the official website, and once the money is deposited, the execution proceedings before the Execution Court will stand stayed.

6. The review application is disposed of accordingly. No costs. (N.S.S., J) (P.V.M., J.) 27.09.2024 Index : Yes / No : Yes / No 3/5

ds 4/5

N. SESHASAYEE, J.

and P.VADAMALAI, J.

ds Review Application (MD) No.114 of 2024 27.09.2024 5/5