Petitioners sought extension of time to comply with a conditional decree in a second appeal requiring deposit of Rs.300/- as mortgage debt before the trial court, citing old age and Covid-19 delays. The Court found the reasons justifiable and granted four weeks to comply.
Four weeks' time granted to deposit the Rs.300/- mortgage debt before the trial court.
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C.M.P.No. 15988 of 2024 in S.A.No. 1068 of 2001
C.M.P.No. 15988 of 2024 in S.A.No. 1068 of 2001
T.V. THAMILSELVI, J.
This Civil Miscellaneous Petition has been filed seeking for extension of time to deposit the amount made in S.A. No.1068 of 2001 passed by this court.
earlier, this Court by an order dated 09.01.2019 partly allowed the above Second Appeal on condition that the plaintiffs are entitled for the relief of delivery of possession of suit property only on payment of mortgage debt of Rs.300/- as mentioned in Ex.B5 before the trial court within a period of two months. However, since the above case is followed by the 1st petitioner, due to his old age and thereafter due to Covid-19 pandemic situation, he could
not follow up the case and to get the details of the case. Moreover, the 3rd petitioner asked about the case to 1st petitioner and thereafter, both of them have taken efforts to contact his previous counsel, but all ended in vain. Subsequently, the petitioners have approached the present counsel on
C.M.P.No. 15988 of 2024 in S.A.No. 1068 of 2001
record and came to know about the disposal of the above Second Appeal
and also the condition imposed by this court to deposit the payment of mortgage debt of Rs.300/- before the trial court. Now, they need some more time. Hence, they have filed the above petition praying to extend the time for complying the order.
14.10.2024
rpp
C.M.P.No. 15988 of 2024 in S.A.No. 1068 of 2001
T.V.THAMILSELVI, J.
rpp
C.M.P.No. 15988 of 2024 in S.A.No. 1068 of 2001
14.10.2024
1 issue framed by the court
Should the time imposed by the Court's 09.01.2019 order for depositing the Rs.300/- mortgage debt be extended?
T.V. Thamilselvi
As recorded by the court registry
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