Madras High CourtCRP(MD)/318/2015allowed

Chinnasamy Gounder, v. Ramathal,

2020-12-17Honourable Mrs Justice S.Ananthi (Retd.)2 pages

C.R.P.(MD) No. 318 of 2015 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.12.2020 CORAM :

THE HONOURABLE MRS.JUSTICE S.ANANTHI C.R.P.(MD) No. 318 of 2015 M.P.(MD) No. 1 of 2015 Chinnasamy Gounder ... Petitioner/Respondent/D-1 vs.

Ramathal

...Petitioner/Respondent/Plaintiff

PRAYER : Petition filed under Section 115 of C.P.C., against the fair and decreetal order, dated 26.11.2014 in E.P. No.40 of 2013 in O.S. No. 14 of 2009 on the file of the District Munsif Court, Palani, Dindigul District.

For Petitioner : No Appearance For Respondent : Mr.N. Adithya Vijayalayan

ORDER

This petition has been filed against the fair and decreetal order, dated 26.11.2014 in E.P. No.40 of 2013 in O.S. No. 14 of 2009 on the file of the District Munsif Court, Palani, Dindigul District. 2.The respondent herein/plaintiff has filed a suit in O.S. No. 14 of 2009 and the same was allowed with cost on 17.12.2012. Against the decree, dated 17.12.2012, the revision petitioner/D-1 has preferred an appeal in A.S. No. 9 of 2013. The respondent/D-1 has filed a petition in E.P. No.40 of 2013 in O.S. No. 14 of 2009 and the same was allowed and conditional order was passed on 26.11.2014 by the learned District Munsif, Palani, Dindigul District. Against the said order, the instant Civil Revision Petition has been filed.

3.Today, when the matter is taken up for hearing, no representation on the side of the revision petitioner. The learned counsel appearing for the respondent is present. The learned counsel appearing for the respondent submitted that maintenance amount is paid to till date. Therefore, no need to arrest. 4.In view of the above, the Civil Revision Petition is allowed and the order, dated 26.11.2014 in E.P. No.40 of 2013 in O.S. No. 14 https://hcservices.ecourts.gov.in/hcservices/ 1/2

C.R.P.(MD) No. 318 of 2015 of 2009 on the file of the District Munsif Court, Palani, Dindigul District is set aside. If, the revision petitioner is failed to give maintenance on or before 5th day of every English Calendar Month, the E.P. No.40 of 2013 in O.S. No. 14 of 2009 may be restored. No Costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(AS) /TRUE COPY/ / /2021 Sub Assistant Registrar To

1. The District Munsif Court, Palani.

2. The Section Officer, V.R.Section, Madurai Bench of Madras High Court, Madurai. (2 Copies) Order made in C.R.P.(MD) No. 318 of 2015 17.12.2020 KSA JM/18.01.2021/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2