J.Xavier vs A.Anees Fathima
2023 Latest Caselaw 15852 Mad

Madras High Court

J.Xavier vs A.Anees Fathima on 7 December, 2023

                                                                            C.R.P.(MD)No.3191 of 2023

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                      DATED: 07.12.2023

                                                          CORAM:

                                  THE HON'BLE MR.JUSTICE K.MURALI SHANKAR

                                               C.R.P.(MD)No.3191 of 2023
                                                         and
                                              C.M.P.(MD)No.16446 of 2023

                    J.Xavier                                               : Petitioner

                                                             Vs.
                    A.Anees Fathima                                        : Respondent


                    Prayer : This Civil Revision Petition filed under Article 227 of the
                    Constitution of India, to set aside the fair and decreetal order passed in
                    I.A.No.4 of 2022 in A.S.No.53 of 2022 on the file of the learned
                    Additional District Judge, Nagercoil, dated 30.10.2023.

                                     For Petitioner      : Mr.SC.Herold Singh

                                                         ORDER

The Civil Revision Petition is directed against the order

passed in I.A.No.4 of 2022 in A.S.No.53 of 2022, dated 30.10.2023 on the

file of the Additional District Court, Nagercoil, dismissing petition filed

under Order 41 Rule 5 (2) of C.P.C.

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2.The revision petitioner has preferred an appeal in A.S.No.53 of

2022, challenging the judgment and decree passed in O.S.No.52 of 2016,

dated 10.08.2022. Pending appeal, he filed the above application, seeking

stay of the execution proceedings and during the pendency of the above

application, the revision petitioner has filed a memo, expressing his

willingness for depositing the amount of Rs.8,76,700/- claimed in

execution petition within one month.

3. The Appellate Court taking note of the memo filed by the revision

petitioner and no objections stated by the other side, allowed the stay

petition subject to the condition that the petitioner has to deposit the

amount within a period of one month, failing which, the petition will be

dismissed. Since the revision petitioner has not complied with the order,

the petition in I.A.No.4 of 2022 in A.S.No.53 of 2022 was ordered to be

dismissed on 30.10.2023.

4. When the matter is taken up for hearing today, the learned

counsel appearing for the petitioner would submit that the petitioner could

not mobilize the funds within time stipulated and he has also deposited a

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sum of Rs.1,00,000/- and he is ready and willing to deposit the remaining

amount within one month.

5. The learned counsel for the respondent would concede for the

same. He would further submit that specific direction may be issued for

depositing the amount within a month and no further extension can be

given.

6. Recording the submissions made by the learned counsel on either

side, the revision petitioner is directed to deposit the remaining amount on

or before 05.01.2024, before the concerned Court, without fail.

7. With the above direction, the Civil Revision Petition is disposed

of . No costs. Consequently, connected Miscellaneous Petition is closed.

07.12.2023 NCC :yes/No Index :yes/No Internet:yes/No das

Note : Issue order copy on 07.12.2023.

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To

1.The Additional District Judge, Nagercoil.

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

https://www.mhc.tn.gov.in/judis

K.MURALI SHANKAR,J.

das

Order made in

and

Dated : 07.12.2023

https://www.mhc.tn.gov.in/judis