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Madras High CourtCRP(MD)/2167/2022dismissed

Somasundaram v. Jabarullah Khan,

2024-03-11Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.03.2024

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN and C.M.P.(MD).No.10050 of 2022 Somasundaram ... Petitioner/Respondent Vs.

Jabarullah Khan ... Respondents/Petitioner PRAYER : Civil Revision Petition is filed under Section 227 of Constitution of India, to set aside the fair and decreetal order dated 07.09.2022, made in E.P.No.2 of 2022 in S.T.C.No.471 of 2014 on the file of the Additional District Court (Fast Track Court), Paramakudi. For Petitioner : Mr.PT.S.Narendravasan For Respondent : Mr.D.Senthil

ORDER

This civil revision petition is filed to set aside the fair and decreetal order dated 07.09.2022, made in E.P.No.2 of 2022 in S.T.C.No. 471 of 2014 on the file of the Additional District Court (Fast Track Court), Paramakudi.

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2.Award was passed in Lok Adalat in S.T.C.No.471 of 2016. In the Lok Adalath, the revision petitioner agreed to pay the amount on or before 09.10.2016. If any failure is noticed then that it will carry 6% interest. After that the respondent did not pay the money. Hence, E.P.No. 2 of 2022 has been filed to execute the decree before the trial Court. Pending the above said process, again agreement was reached between the parties to pay the agreed amount in three installments. First installment of Rs.6,00,000/- was paid on 06.07.2023. The second installment of Rs.4,00,000/- must be paid on or before 31.12.2023 and the third installment of Rs.4,00,000/- must be paid on or before 30.06.2024. Out of the said installment, only first installment was paid. The remaining installment amount is not paid. Even now the petitioner is not ready to comply the said undertaking, reached between the parties. 3.I find no reason to entertain this petition. The executing Court may proceed the execution process.

4.With the above said observation, this civil revision petition 2/4

stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.

11.03.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No TM To 1.The Additional District Judge, (Fast Track Court), Paramakudi. 2.The Section Officer, E.R.Section/V.R.Section, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN ,J.

TM 11.03.2024 4/4