The Madras High Court allowed a civil revision petition seeking to set aside a district court decree. The court recorded that the petitioner had complied with a previous interim order regarding the deposit of the decree amount.
The impugned order was set aside, the delay in preferring the appeal was condoned, and no costs were awarded.
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C.R.P.(MD)No.261 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 30.01.2025
CORAM
THE HON'BLE MR.JUSTICE G.ILANGOVAN
C.R.P.(MD)No.261 of 2023
R.Ashok Kumar ... Petitioner/Petitioner/Appellant/Defendant
Vs.
M/s.Bharat Sanchar Nigam Ltd., Rep. by its Chief Accounts Officer, (CMTS-SSA), O/o. P.G.M. BSNL, Trichy – 1.
... Respondent/Respondent/Respondent/Plaintiff
PRAYER : Civil Revision Petition is filed under Section 115 of Civil Procedure Code, to set aside the fair and decree order made in I.A.No.1 of 2019 in A.S.SR.No.66 of 2019 in O.S.No.784 of 2013 on the file of
the Principal District Judge, Trichy, dated 06.03.2020.
For Petitioner : Mr.R.Sundar
For Respondent : Mr.D.Shanmugaraja Sethupathi
ORDER
This civil revision petition has been filed to set aside the fair and
decree order made in I.A.No.1 of 2019 in A.S.SR.No.66 of 2019 in
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C.R.P.(MD)No.261 of 2023
O.S.No.784 of 2013 on the file of the Principal District Judge, Trichy, dated 06.03.2020.
2.Pending the revision on 27.11.2024, this Court passed an
detailed order, by which, this Court was inclined to allow this petition on payment of cost. Accordingly, the petitioner was directed to deposit the entire decree amount before the trial Court within a month and the case was ordered to posted on 03.01.2025 for reporting compliance. Thereafter, it was adjourned and posted today. Today, it is reported that the above said order was complied by the petitioner. Cost memo along with challan was also filed to that effect.
3.Recording the same, this civil revision petition stands allowed.
The order passed by the appellate Court in I.A.No.1 of 2019 in in A.S.SR.No.66 of 2019 in O.S.No.784 of 2013 on the file of the Principal District Judge, Trichy, dated 06.03.2020, is hereby set aside and the delay occurred in preferring the appeal before the appellate Court is condoned. No costs.
30.01.2025
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C.R.P.(MD)No.261 of 2023
NCC : Yes / No Index : Yes / No Internet : Yes / No TM To 1.The Principal District Judge, Tiruchirappalli. 2.The Section Officer, E.R.Section/V.R.Section, Madurai Bench of Madras High Court, Madurai.
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C.R.P.(MD)No.261 of 2023
G.ILANGOVAN ,J.
TM
C.R.P.(MD)No.261 of 2023
30.01.2025
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R. Ashok Kumar
M/s. Bharat Sanchar Nigam Ltd.
G. ILANGOVAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
