Madras High CourtCRP(MD)/2770/2018dismissed

T.Munusamy v. G.Indhira

2023-03-31Honourable Mr Justice P.Vadamalai4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.03.2023

CORAM:

THE HONOURABLE MR.JUSTICE P.VADAMALAI and C.M.P(MD)No.12106 of 2018 1.T.Munusamy 2.M.Jayashri ... Petitioners/Respondents Respondents/Defendants -vsG.Indhira ... Respondent/Petitioner/ Petitioner /Plaintiff PRAYER: Civil Revision Petition is filed under Section 115 of Civil Procedure Code, to set aside the petition and order dated 02.11.2018 made in E.A.No.44 of 2018 in E.P.No.128 of 2016 in O.S.No.80 of 2012 on the file of the Additional Sub-Court, Kumbakonam, Thanjavur District.

For Petitioners : Mr.G.Gomathi Sankar For Respondent : Mr.B.Anandan 1/4

O R D E R

This Civil Revision Petition is filed to set aside the petition and order, dated 02.11.2018 made in E.A.No.44 of 2018 in E.P.No.128 of 2016 in O.S.No.80 of 2012 on the file of the Additional Sub-Court, Kumbakonam, Thanjavur District.

2.Heard the learned counsel appearing for the petitioners and the learned counsel appearing for the respondent.

3.By an order dated 27.04.2022, this Court has passed conditional order to deposit 50% of the amount with bank interest within a period of four weeks. The relevant portion of the said order is extracted hereunder: "2.Hence, the petitioner is hereby directed to deposit 50% of the EP amount with bank interest, within four weeks from the date of receipt of this order and deposit the remaining amount within four weeks thereafter. If the petitioner failed to deposit the amount 50% of the EP amount with bank interest, within four weeks, this Civil Revision Petition stands dismissed automatically, without further reference to this Court."

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4.Today when the matter is taken up for hearing, the learned counsel appearing for the revision petitioner submitted that the petitioner has not deposited 50% of the EP amount, as directed by this Court. 5.Since the conditional order has not been complied with by the petitioner, this Civil Revision Petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

31.03.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No To:

1.The Additional Sub-Court, Kumbakonam, Thanjavur District.

2.The Section Officer, Vernacular Records, Madurai Bench of Madras High Court, Madurai.

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P.VADAMALAI, J.

Ns Order made in and C.M.P(MD)No.12106 of 2018 Dated:

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