The Court dismissed Civil Miscellaneous Petitions seeking modification of a previously complied-with order. The Court directed the trial court to dispose of the underlying suit expeditiously within six months.
The Civil Miscellaneous Petitions are dismissed. The trial court is directed to dispose of the suit within six months.
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C.M.P.Nos. 11796 & 11799 of 2019
C.M.P.Nos. 11796 & 11799 of 2019 in
C.R.P.Nos. 285 & 287 of 2019
P.T.ASHA, J.,
The above Civil Miscellaneous Petitions are filed to modify
the common order dated 27.04.2019. By order dated 27.04.2019 this Court had passed the following order:
“4.Today when the matter came up, the counsel
for the revision petitioner submits that his client is
ready to deposit the suit claim, namely; Rs.9,71,286.15/- and Rs.1,83,095.40/- to the credit
of the respective suits on or before 10.06.2019. On
such deposit the plaintiffs are permitted to withdraw 50% of the amount and once the payment is made the attachment on the file of the Sub-Registrar, Ambattur in I.A.No.416 of 2018 in O.S.No.98 of 2006
shall automatically stand raised and either party is
free to move the Sub-Registrar for deleting the entry.”
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C.M.P.Nos. 11796 & 11799 of 2019
spirit by the revision petitioner depositing a sum of Rs.9,71,286.15/- and a sum of Rs.1,83,95.40/- on 06.02.2019.
order by this Court the attachment order which has been passed in I.A.No.416 of 2018 in O.S.No.98 of 2006 stand raised by the learned Sub-ordinate Judge, Vellore.
4.The applications have now been moved for modifying the
said order to one of directing the respondent to furnish security deposit or Bank guarantee for a sum of Rs.23,50,000/- and Rs.4,75,000/-. Such an applications have to be moved by the revision petitioner only before the Trial Court and not before this
Court when orders of this Court has been fully complied. The suit pursuant to the orders of this Court has now been revived and a
written statement has also been filed. In these circumstances, it is open to the petitioner to move the concerned Court for
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C.M.P.Nos. 11796 & 11799 of 2019
necessary orders and not try to obtain orders in the Civil Revision Petition which has already been disposed of. There is no merits in the Civil Miscellaneous Petitions. Hence the Civil Miscellaneous Petitions are dismissed. Considering the fact that the suit is of the year 2006, the learned Sub-Judge, Vellore shall dispose of the same as expeditiously as possible, however not later than six
months from the date of receipt of the order.
13.02.2020
kan
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C.M.P.Nos. 11796 & 11799 of 2019
P.T.ASHA, J.,
kan
C.M.P.Nos. 11796 & 11799 of 2019
in
C.R.P.Nos. 285 & 287 of 2019
13.02.2020
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P. T. ASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
