RAMASAMY MOOPANAR Vs. RAMASAMY MOOPANAR

JUDGEMENT

(1.) THIS revision petition is against the order of the executing Court directing the petitioner to deposit a sum of Rs. 15,000 within 15 days from the date of order, failing which the petition shall stand dismissed.

(2.) THE facts which led to the order of the Court below are as follows: THE petitioner suffered a decree in O. S. No. 51 of 1985 on the file of the Subordinate Judge's Court, virudhachalam. THE petitioner filed A. S. No. 1205 of 1986 on the file of this court and prayed for stay in C. M. P. No. 11179 of 1989. This Court granted stay on condition that the petitioner should deposit a sum of Rs. 15,000 in the trial court within 8 weeks from the date of order, namely, 22. 9. 1989. THE petitioner failed to make the deposit and the stay stood vacated automatically.

(3.) LEARNED counsel for the petitioner submits that pursuant to the interim order of this Court, a sum of Rs. 10,000 has been deposited by the petitioner in the Court below and the petitioner should be permitted to deposit the balance of Rs. 5,000 by granting some time therefor. I am of the view that the request of the petitioner' s counsel should not be granted in this case. The reason is as follows.