Madras High Court
C.Kuppusamy vs C.S.Appukutty on 9 August, 2024
Author: A.D.Jagadish Chandira
Bench: A.D.Jagadish Chandira
C.R.P. No.897 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.08.2024
CORAM :
THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA
C.R.P. No.897 of 2023 and C.M.P. Nos.6729 & 8444 of 2023
C.Kuppusamy .. Petitioner
Versus
C.S.Appukutty .. Respondent
Prayer: Civil Revision Petition filed under Article 227 of the Constitution of
India against the docket order dated 27.01.2023 passed in I.A. No.1192 of
2022 in A.S.C.F.R. No.9608 of 2022 on the file of the Principal District
Court, Tirupur.
For Petitioner : Mr.D.Rameshkumar
For Respondent : Mr.K.Govi Ganesan
ORDER
This revision petition has been filed against the docket order dated
27.01.2023 passed by the Principal District Court, Tirupur in I.A. No.1192
of 2022 in A.S.C.F.R. No.9608 of 2022.
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2.Learned counsel for the petitioner would submit that the respondent
had filed a suit in O.S. No.77 of 2017 on the file of the Sub Court,
Kangeyam for recovery of a sum of Rs.4,98,000/-, based on a promissory
note, said to have been executed by the petitioner. The petitioner had
contested the suit contending that a blank pro note, which was given, was
misused by the respondent. The Trial Court had allowed the suit by
judgment and decree dated 07.11.2019. Learned counsel for the petitioner
would further submit that a certified copy of the judgment was received by
the counsel for the petitioner only on 17.02.2020 and due to the on-set of
covid, the petitioner had preferred an appeal before the Principal District
Court, Thiruppur along with an Interlocutory Application in I.A. No.1192 of
2022 to condone the delay of 935 days in preferring the above appeal. The
Appellate Judge, while condoning the delay, had passed a conditional order
dated 27.01.2023 directing the petitioner to deposit an amount of
Rs.80,000/- to the credit of O.S. No.77 of 2017. Since no reasons have been
assigned by the Trial Court for passing the conditional order, the petitioner
has filed this revision petition.
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3. This Court, on 12.04.2023 had permitted the petitioner to deposit
the above amount of Rs.80,000/- by extending a further period of two weeks
4.Learned counsel for the petitioner would further submit that the
petitioner has deposited the said amount.
5.Learned counsel for the respondent has acceded to the said factum.
6.Learned counsel for the petitioner would further submit that a
direction may be issued to the learned Appellate Judge to number the
appeal.
7.Heard Mr.D.Rameshkumar, learned counsel for the petitioner and
Mr.K.Govi Ganesan, learned counsel for the respondent.
8.The petitioner has filed this revision against the docket order dated
27.01.2023 directing the petitioner to deposit the above amount of
Rs.80,000/- to the credit of O.S. No.77 of 2017. Now the conditional order
https://www.mhc.tn.gov.in/judis
has been
https://www.mhc.tn.gov.in/judis
A.D.JAGADISH CHANDIRA, J.
vga
complied with. Therefore, the Appellate Judge is directed to number the
appeal and to take steps to dispose of the appeal as expeditiously as
possible, preferably within a period of eight months from the date of receipt
of a copy of this order.
9.With the above direction, this revision petition is allowed.
Consequently, connected miscellaneous petitions are closed. No costs.
09.08.2024
vga
To
The Principal District Court, Tirupur.
C.R.P. No.897 of 2023 and C.M.P. Nos.6729 & 8444 of 2023
https://www.mhc.tn.gov.in/judis
