V.Siva Shree v. B.Reju

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.01.2024

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN and C.M.P.(MD).No.17500 of 2023 1.V.Siva Shree 2.A.Pradeep 3.A.Gayathri ... Revision Petitioners/Defendants /Judgement Debtors.

Vs.

B.Raju ... Respondents/Plaintiff/ /Judgment Holder.

PRAYER : Civil Revision Petition is filed under Section 115 of the Civil Procedure Code, to call for the records in E.P.No.15 of 2022 in O.S.No.95 of 2019 on the file of the learned Sub Court, Eraniel, Kanyakumari District and to set aside the order, dated 17.03.2023. For Petitioners : Mr.S.Jayakumar (No Appearance) For Respondent : Mr.C.Sankar Prakash 1/4

ORDER

This civil revision petition is directed against the order passed in E.P.No.15 of 2022 in O.S.No.95 of 2019 dated 17.03.2023 on the file of the Subordinate Court, Eraniel, ordering attachment. 2.Pending civil revision petition, by the order dated 22.12.2023, the petitioner was directed to pay a sum of Rs.2,00,000/- (Rupees Two Lakhs only) to the respondent on or before 04.01.2024. The remaining amount of Rs.2,25,000/- (Rupees Two Lakhs and Twenty Five Thousand only) was ordered to be deposited before the Executing Court within a period of one month, thereafter and for reporting compliance, it was listed today. Today, there is no representation for the petitioner. The learned counsel for the respondent present and he would submit that the above said order was not complied by the petitioner. In view of the non compliance the order dated 22.12.2023, this revision cannot be entertained.

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3.Therefore, without going in to the merits of the case, this civil revision petition stands dismissed for default. Consequently, connected miscellaneous petition is closed.

05.01.2024 Index :

Yes / No Internet :

Yes / No TM To 1.The Subordinate Judge, Eraniel, Kanyakumari District. 2.The Section Officer, E.R.Section/V.R.Section, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN ,J.

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