High Court · 2025

C.M.P.No.20143 of 2025 in C.R.P.No.3599 of 2022C.M.P.No.20143 of 2025 in C.R.P.No.3599 of 2022M.JOTHIRAMAN, J.Today, the Civil Miscellaneous Petition is listed under the caption 'for being mentioned' at the instance of the learned counsel appearing for the respondent. 2. The learned counsel for the respondent would submit that this Court vide order dated 21.11.2024 directed to pay a sum of Rs.25,00,000/- (Rupees Twenty Five Lakhs only) to the respondent/plaintiff/decree holder within a period of eight weeks from the date of receipt of a copy of the said order. Subsequently, the revision petitioner has filed an application seeking extension of time to comply with the order dated 21.11.2024 and the same was disposed of vide order dated 11.09.2025 extending the time, with a condition to deposit a sum of Rs.10,00,000/-(Rupees ten lakhs only) before the Court below on or before 15.09.2025. Accordingly, the revision petitioner has deposited a sum of Rs.10,00,000/- (Rupees ten lakhs only) on 1/11 https://www.mhc.tn.gov.in/judis C.M.P.No.20143 of 2025 in C.R.P.No.3599 of 202212.09.2025 before the Court below. The learned counsel drew the attention of this Court to the earlier order of this Court dated 21.11.2024, especially in Paragraph No. 6, to state that the amount was directed to be paid to the respondent/plaintiff/decree holder and not to deposit the same before the Court below. Hence, to that extent, he prays to modify the order. 3. Further, the learned counsel for the respondent would submit that at the time of passing the order dated 11.09.2025 by this Court, he had raised serious objections as to the deposit of the amount before the Court below, whereas, in the order dated 11.09.2025 it has been stated inadvertently as if he has not raised any serious objection. 4. The learned counsel for the revision petitioner would submit that he has no objection to modify the order as sought by the respondent. 5. In view of the above, Paragraph No.6 of the order dated 2/11 https://www.mhc.tn.gov.in/judis C.M.P.No.20143 of 2025 in C.R.P.No.3599 of 202211.09.2025 is modified by recording that the respondent has raised his objections. Paragraph No.5 of the order dated 11.09.2025, is modified to extent that the remaining amount of Rs.15,00,000/- (Rupees fifteen lakhs only) shall be directly paid to the respondent / plaintiff / decree holder within a period already stipulated vide order dated 11.09.2025. 6. The amount already deposited before the concerned Court on 12.09.2025 is permitted to be withdrawn by the respondent / plaintiff / decree holder, by filing proper application before the concerned Court. 7. Except the above modifications, no further orders are required to be passed in this Civil Miscellaneous Petition. 8. Registry is directed to carry out necessary corrections in the order dated 11.09.2025 and issue a fresh copy of the order to the parties concerned forthwith. 3/11 https://www.mhc.tn.gov.in/judis C.M.P.No.20143 of 2025 in C.R.P.No.3599 of 2022 18.09.2025avIndex : Yes/NoNote: Issue order copy on 19.09.2025ToThe learned II Additional District Judge, Salem.M. JOTHIRAMAN, J.av C.M.P.No.20143 of 2025 in C.R.P.No.3599 of 202218.09.2025 4/11 https://www.mhc.tn.gov.in/judis C.M.P.No.20143 of 2025 in C.R.P.No.3599 of 2022IN THE HIGH COURT OF JUDICATURE AT MADRASDated:11.09.2025Coram::THE HONOURABLE MR. JUSTICE M.JOTHIRAMANC.M.P.No.20143 of 2025inC.R.P.No.3599 of 20221.Mrs.P.Jothi,W/o Perumal2.P.Ravi,S/o Perumal3.P.Ananda Babu,S/o Perumal(All are residing at No.5, M.G.R.Nagar,Vinayagapuram Post,Attur Taluk,Salem District)..Petitioners/Petitioners/versus/M/s Sri Vinayam Finance AtturA Registered Partnership Firm,Rep.by Partner S.Arunachalam,S/o Solai, Uthu Naicker,No.26, Arunagirinathar Street,Attur Post and Taluk,5/11 https://www.mhc.tn.gov.in/judis C.M.P.No.20143 of 2025 in C.R.P.No.3599 of 2022Salem District. ..Respondent/Respondent This Civil Miscellaneous Petition has been filed under Section 148 of C.P.C., to extend the time to comply the order passed in C.R.P.No.3599 of 2022, dated 21.11.2024.For Petitioners :Mr.B.KumarasamyFor Respondent :Mr.P.Jagadeesan-----ORDERThis petition has been filed to extend the time to comply the order passed in C.R.P.No.3599 of 2022, dated 21.11.2024.2.Heard the learned counsel appearing for the petitioners and the learned counsel appearing for the respondent. 3.It is seen from records that in C.R.P.No.3599 of 2022, this Court, vide order dated 09.11.2022, has passed a conditional order directing the petitioners to deposit a sum of Rs.5,00,000/- to the credit of E.P.No.22 of 2011 on the file of the II Additional District Judge, Salem, within a period of two weeks from that day i.e. 09.11.2022 and thereafter, the petitioners 6/11 https://www.mhc.tn.gov.in/judis C.M.P.No.20143 of 2025 in C.R.P.No.3599 of 2022shall deposit a further sum of Rs.5,00,000/- to the credit of E.P.No.22 of 2011 on the file of the II Additional District Judge, Salem, within a period of six weeks from that day i.e. 09.11.2022. In case, the petitioners fail to comply with any one of the above mentioned conditions, the interim stay granted by this Court on 09.11.2022 shall stand automatically vacated without any further reference to this Court.4. Subsequent to the above order, this Court vide order dated 21.11.2024, disposed of the Civil Revision Petition directing the petitioners/defendants/judgment debtors to pay a sum of Rs.25,00,000/- to the respondent/plaintiff/decree holder, within a period of eight weeks from the date of receipt of a copy of that order. The said condition being complied with, the proceedings shall be stayed till the disposal of the setting aside the application inclusive of condonation of application, if any, in O.S.No.15 of 2008. It is also observed that subject to the outcome of the suit, the parties are entitled to a sum of Rs.10,00,000/-, already deposited. Further, the revision petitioners have filed this petition in C.M.P.No.20143 7/11 https://www.mhc.tn.gov.in/judis C.M.P.No.20143 of 2025 in C.R.P.No.3599 of 2022of 2025 in C.R.P.No.3599 of 2022 seeking extension of time to comply the order passed in C.R.P.No.3599 of 2022 dated 21.11.2024.5. The learned counsel appearing for the petitioners submits that the petitioners are ready to deposit a sum of Rs.10,00,000/-(Rupees ten lakhs only) on Monday (i.e) on 15.09.2025. Thereafter within a period of two weeks, they shall be ready to deposit a sum of Rs.15,00,000/-, (i.e.) on or before 29.09.2025 as directed by this Court vide order dated 21.11.2024.6.The learned counsel appearing for the respondent has not raised any serious objection in this regard. 7. Considering the submissions made on either side, time is extended to deposit a sum of Rs.10,00,000/- by Monday (ie.) 15.09.2025 and thereafter within two weeks (i.e.) on or before 29.09.2025 shall deposit a sum of Rs.15 lakhs to the credit of E.P.No. 22 of 2011 on the file of the II 8/11 https://www.mhc.tn.gov.in/judis C.M.P.No.20143 of 2025 in C.R.P.No.3599 of 2022Additional District Judge, Salem. In such event of compliance, the trial Court is directed to dispose of the application expeditiously, in any event, not later than 30 days, from the date of stay becoming operational, pursuant to the compliance of the conditional order being passed in the civil revision petition and in the event of the setting aside applications being favourably considered, then the suit itself can be disposed of, thereafter within a period of three months. Subject to the outcome of the suit, the parties are entitled to a sum of Rs.10,00,000/-(Rupees ten lakhs only) already deposited. Accordingly, this Civil Miscellaneous Petition is disposed of. 11.09.2025ariIndex:yes/noNote: Issue order copy on 15.09.2025ToII Additional District Judge, Salem.9/11 https://www.mhc.tn.gov.in/judis C.M.P.No.20143 of 2025 in C.R.P.No.3599 of 2022M.JOTHIRAMAN,J.ari10/11 https://www.mhc.tn.gov.in/judis C.M.P.No.20143 of 2025 in C.R.P.No.3599 of 2022C.M.P.No.20143 of 2025inC.R.P.No.3599 of 202211.09.202511/11

C.M.P.No.20143 of 2025 in C.R.P.No.3599 of 2022C.M.P.No.20143 of 2025 in C.R.P.No.3599 of 2022M.JOTHIRAMAN, J.Today, the Civil Miscellaneous Petition is listed under the caption 'for being mentioned' at the instance of the learned counsel appearing for the respondent. 2. The learned counsel for the respondent would submit that this Court vide order dated 21.11.2024 directed to pay a sum of Rs.25,00,000/- (Rupees Twenty Five Lakhs only) to the respondent/plaintiff/decree holder within a period of eight weeks from the date of receipt of a copy of the said order. Subsequently, the revision petitioner has filed an application seeking extension of time to comply with the order dated 21.11.2024 and the same was disposed of vide order dated 11.09.2025 extending the time, with a condition to deposit a sum of Rs.10,00,000/-(Rupees ten lakhs only) before the Court below on or before 15.09.2025. Accordingly, the revision petitioner has deposited a sum of Rs.10,00,000/- (Rupees ten lakhs only) on 1/11 https://www.mhc.tn.gov.in/judis C.M.P.No.20143 of 2025 in C.R.P.No.3599 of 202212.09.2025 before the Court below. The learned counsel drew the attention of this Court to the earlier order of this Court dated 21.11.2024, especially in Paragraph No. 6, to state that the amount was directed to be paid to the respondent/plaintiff/decree holder and not to deposit the same before the Court below. Hence, to that extent, he prays to modify the order. 3. Further, the learned counsel for the respondent would submit that at the time of passing the order dated 11.09.2025 by this Court, he had raised serious objections as to the deposit of the amount before the Court below, whereas, in the order dated 11.09.2025 it has been stated inadvertently as if he has not raised any serious objection. 4. The learned counsel for the revision petitioner would submit that he has no objection to modify the order as sought by the respondent. 5. In view of the above, Paragraph No.6 of the order dated 2/11 https://www.mhc.tn.gov.in/judis C.M.P.No.20143 of 2025 in C.R.P.No.3599 of 202211.09.2025 is modified by recording that the respondent has raised his objections. Paragraph No.5 of the order dated 11.09.2025, is modified to extent that the remaining amount of Rs.15,00,000/- (Rupees fifteen lakhs only) shall be directly paid to the respondent / plaintiff / decree holder within a period already stipulated vide order dated 11.09.2025. 6. The amount already deposited before the concerned Court on 12.09.2025 is permitted to be withdrawn by the respondent / plaintiff / decree holder, by filing proper application before the concerned Court. 7. Except the above modifications, no further orders are required to be passed in this Civil Miscellaneous Petition. 8. Registry is directed to carry out necessary corrections in the order dated 11.09.2025 and issue a fresh copy of the order to the parties concerned forthwith. 3/11 https://www.mhc.tn.gov.in/judis C.M.P.No.20143 of 2025 in C.R.P.No.3599 of 2022 18.09.2025avIndex : Yes/NoNote: Issue order copy on 19.09.2025ToThe learned II Additional District Judge, Salem.M. JOTHIRAMAN, J.av C.M.P.No.20143 of 2025 in C.R.P.No.3599 of 202218.09.2025 4/11 https://www.mhc.tn.gov.in/judis C.M.P.No.20143 of 2025 in C.R.P.No.3599 of 2022IN THE HIGH COURT OF JUDICATURE AT MADRASDated:11.09.2025Coram::THE HONOURABLE MR. JUSTICE M.JOTHIRAMANC.M.P.No.20143 of 2025inC.R.P.No.3599 of 20221.Mrs.P.Jothi,W/o Perumal2.P.Ravi,S/o Perumal3.P.Ananda Babu,S/o Perumal(All are residing at No.5, M.G.R.Nagar,Vinayagapuram Post,Attur Taluk,Salem District)..Petitioners/Petitioners/versus/M/s Sri Vinayam Finance AtturA Registered Partnership Firm,Rep.by Partner S.Arunachalam,S/o Solai, Uthu Naicker,No.26, Arunagirinathar Street,Attur Post and Taluk,5/11 https://www.mhc.tn.gov.in/judis C.M.P.No.20143 of 2025 in C.R.P.No.3599 of 2022Salem District. ..Respondent/Respondent This Civil Miscellaneous Petition has been filed under Section 148 of C.P.C., to extend the time to comply the order passed in C.R.P.No.3599 of 2022, dated 21.11.2024.For Petitioners :Mr.B.KumarasamyFor Respondent :Mr.P.Jagadeesan-----ORDERThis petition has been filed to extend the time to comply the order passed in C.R.P.No.3599 of 2022, dated 21.11.2024.2.Heard the learned counsel appearing for the petitioners and the learned counsel appearing for the respondent. 3.It is seen from records that in C.R.P.No.3599 of 2022, this Court, vide order dated 09.11.2022, has passed a conditional order directing the petitioners to deposit a sum of Rs.5,00,000/- to the credit of E.P.No.22 of 2011 on the file of the II Additional District Judge, Salem, within a period of two weeks from that day i.e. 09.11.2022 and thereafter, the petitioners 6/11 https://www.mhc.tn.gov.in/judis C.M.P.No.20143 of 2025 in C.R.P.No.3599 of 2022shall deposit a further sum of Rs.5,00,000/- to the credit of E.P.No.22 of 2011 on the file of the II Additional District Judge, Salem, within a period of six weeks from that day i.e. 09.11.2022. In case, the petitioners fail to comply with any one of the above mentioned conditions, the interim stay granted by this Court on 09.11.2022 shall stand automatically vacated without any further reference to this Court.4. Subsequent to the above order, this Court vide order dated 21.11.2024, disposed of the Civil Revision Petition directing the petitioners/defendants/judgment debtors to pay a sum of Rs.25,00,000/- to the respondent/plaintiff/decree holder, within a period of eight weeks from the date of receipt of a copy of that order. The said condition being complied with, the proceedings shall be stayed till the disposal of the setting aside the application inclusive of condonation of application, if any, in O.S.No.15 of 2008. It is also observed that subject to the outcome of the suit, the parties are entitled to a sum of Rs.10,00,000/-, already deposited. Further, the revision petitioners have filed this petition in C.M.P.No.20143 7/11 https://www.mhc.tn.gov.in/judis C.M.P.No.20143 of 2025 in C.R.P.No.3599 of 2022of 2025 in C.R.P.No.3599 of 2022 seeking extension of time to comply the order passed in C.R.P.No.3599 of 2022 dated 21.11.2024.5. The learned counsel appearing for the petitioners submits that the petitioners are ready to deposit a sum of Rs.10,00,000/-(Rupees ten lakhs only) on Monday (i.e) on 15.09.2025. Thereafter within a period of two weeks, they shall be ready to deposit a sum of Rs.15,00,000/-, (i.e.) on or before 29.09.2025 as directed by this Court vide order dated 21.11.2024.6.The learned counsel appearing for the respondent has not raised any serious objection in this regard. 7. Considering the submissions made on either side, time is extended to deposit a sum of Rs.10,00,000/- by Monday (ie.) 15.09.2025 and thereafter within two weeks (i.e.) on or before 29.09.2025 shall deposit a sum of Rs.15 lakhs to the credit of E.P.No. 22 of 2011 on the file of the II 8/11 https://www.mhc.tn.gov.in/judis C.M.P.No.20143 of 2025 in C.R.P.No.3599 of 2022Additional District Judge, Salem. In such event of compliance, the trial Court is directed to dispose of the application expeditiously, in any event, not later than 30 days, from the date of stay becoming operational, pursuant to the compliance of the conditional order being passed in the civil revision petition and in the event of the setting aside applications being favourably considered, then the suit itself can be disposed of, thereafter within a period of three months. Subject to the outcome of the suit, the parties are entitled to a sum of Rs.10,00,000/-(Rupees ten lakhs only) already deposited. Accordingly, this Civil Miscellaneous Petition is disposed of. 11.09.2025ariIndex:yes/noNote: Issue order copy on 15.09.2025ToII Additional District Judge, Salem.9/11 https://www.mhc.tn.gov.in/judis C.M.P.No.20143 of 2025 in C.R.P.No.3599 of 2022M.JOTHIRAMAN,J.ari10/11 https://www.mhc.tn.gov.in/judis C.M.P.No.20143 of 2025 in C.R.P.No.3599 of 2022C.M.P.No.20143 of 2025inC.R.P.No.3599 of 202211.09.202511/11