Petitioner sought modification of an interim stay order requiring a 50% decree deposit. Accepting claims of financial difficulty and dependency, the court reduced the deposit to 30% within four weeks, else vacating the stay.
Modification of order to deposit 30% of decree within 4 weeks; automatic vacation of stay otherwise.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Civil Appellate Jurisdiction )
Wednesday, the Sixth day of November Two Thousand Nineteen
PRESENT
THE HON`BLE MR JUSTICE R. SUBRAMANIAN
CMP No.20793 of 2019
IN SA.894/2019
K.S.PRAKASAM [ PETITIONER ]
Vs
M/S.P.N.MURUGAN [ RESPONDENT ]
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to modify the order dt 04/09/2019 in the above CMP No.19061/2019 in SA.No.894/2019 passed by this Honble court to deposit 50 percent of the decree amount to the credit of the suit and may shall order ot deposit 25 percent of the decree amount and thus render justice. (CMP.20793/2019)
Order : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.TK GANDHI, Advocate for the petitioner the court made the following order:-
By an order dated 04.09.2019, interim stay was granted on a condition that the petitioner deposits 50% of the decree amount to the credit of the suit within a period of eight weeks from the said date.
-sd/-
06/11/2019
/ TRUE COPY /
Sub-Assistant Registrar ( Statistics / C.S. )
High Court, Madras - 600 104.
TO
1 THE 4TH ADDITIONAL DISTRICT
JUDGE, BHAVANI.
2 THE SUBORDINATE JUDGE,
BHAVANI.
C.C. to M/S.TKS GANDHI Advocate SR.NO. 13186
Order
in
CMP.20793/2019
IN SA.894/2019
Date :06/11/2019
From 26.2.2001 the Registry is issuing certified
copies of the Interim Orders in this format
RRI 08/11/2019
1 issue framed by the court
Whether the interim stay order conditioning 50% deposit should be modified in light of the petitioner's financial hardship.
K.S. Prakasham
M/S P.N. Murugan
R Subramanian
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
