Allowed

Sankar @ Sankarasubbu v. Krishnakumar

Madras HC26 Mar 2025CMP(MD)/1900/2025

Case brief

AI extract

What is this about?

Petition to modify an interim stay condition in an appeal suit that required depositing 50% of the decree amount. Citing his son's accidental death, the petitioner offered to deposit 50% of the cheque amount instead. The court modified the earlier order accordingly.

What did the court decide?

Condition modified: stay till disposal of appeal on deposit of Rs.5,00,000 (50% cheque amount) within six weeks.

Sankar @ Sankarasubbu Vs Krishnakumar — Civil Procedure and Limitation | Madras HC (2025)

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CMP(MD) NO. 1900 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 26-03-2025

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CORAM

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THE HONOURABLE MR JUSTICE P.VADAMALAI

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CMP(MD) NO. 1900 of 2025

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IN AS(MD) NO. 260 of 2024

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Sankar @ Sankarasubbu

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S/o.Velupillai, 6/7, Vadakku Ratha Veethi, Thenthirupperai Post, Tiruchendur Taluk, Thoothukudi District.

Petitioner(s)

Krishnakumar

S/o.High Court Durai, No.5/10, Kilakku Theru, Mavadipannai, Thenthiruppperai Post, Tiruchendur Taluk, Thoothukudi District.

Respondent(s)

For Petitioner(s):

Mr.KA.Raamakrishnan

For Respondent(s):

Mr.N.Dilip Kumar

ORDER

This Civil Miscellaneous Petition has been filed to modify the condition

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imposed on the petitioner by this Court in its order, dated 17.10.2024, in C.M.P.(MD) No.13579 of 2024 in A.S.(MD)No.260 of 2024.

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https://www.mhc.tn.gov.in/judis 2. By an order, dated 17.10.2024, this Court granted a relief of interim stay to the

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CMP(MD) NO. 1900 of 2025

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petitioner on a condition that the petitioner shall deposit 50% of the decree amount with the proportionate accrued interest and cost to the credit of O.S.No.70 of 2018 on the file of the learned II Additional District Judge, Thoothukudi within a period of twelve weeks from the date of receipt of a copy of that order.

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Heard the learned counsel appearing on either side, and I have perused the affidavit filed in support of this petition.

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The learned counsel for the petitioner submitted that after passing of this order, the petitioner's son met with an accident on 23.12.2024 and he died on the same day. To substantiate the same, a copy of the First Information Report has also been produced before this Court.

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The learned counsel for the respondent has raised only formal objection to this petition.

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Further, the learned counsel for the petitioner submitted that the petitioner is currently not in a position to deposit 50% of the decree amount with the proportionate accrued interest and cost, but he is now ready to deposit 50% of the cheque amount i.e. a sum of Rs.5,00,000/- (Rupees Five Lakhs only).

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Considering the above facts and circumstances of the case, this Court is inclined to modify the condition imposed against the petitioner by this Court in its order dated 17.10.2024.

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https://www.mhc.tn.gov.in/judis

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CMP(MD) NO. 1900 of 2025

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Accordingly, this Criminal Miscellaneous Petition is allowed, and the

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Paragraph No.2 of the order, dated 17.10.2024, is modified as follows :

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“Interim stay is granted till the disposal of the Appeal

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Suit on a condition that the petitioner shall deposit 50% of the

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cheque amount (i.e.) a sum of Rs.5,00,000/- (Rupees Five Lakhs only) to the credit of O.S.No.70 of 2018 on the file of the II Additional District Judge, Thoothukudi within a period

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of six weeks from the date of receipt of a copy of this order.”

sd/26/03/2025

/ TRUE COPY /

/04/2025

Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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MKN TO

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THE II ADDITIONAL DISTRICT JUDGE, THOOTHUKUDI.

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ORDER IN CMP(MD) NO. 1900 of 2025 IN AS(MD) NO. 260 of 2024 Date :26/03/2025

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SA/GSV/SAR. /01.04.2025/3P/2C

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Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023.

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https://www.mhc.tn.gov.in/judis

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Sankar @ Sankarasubbu v. Krishnakumar

Case brief

What is this about?

What did the court decide?

Sankar @ Sankarasubbu v. Krishnakumar

Case brief

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