G. Shanmusundaram v. A. Gurusamy

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Civil Appellate Jurisdiction ) Friday, the Thirty First day of July Two Thousand Twenty PRESENT The Hon`ble Mr Justice R.MAHADEVAN CMP.Nos.12926 and 12927 of 2016 in A.S.Nos.529 and 530 of 2016 1 G. SHANMUSUNDARAM [ PETITIONERS IN BOTH THE PETITIONS] 2 KAMALAVENI Vs

1. A. GURUSAMY - NOW DECEASED [RESPONDENTS IN BOTH THE PETITIONS]

2. G. THULASIAMMAL

3. G. KARUPATHAAL

4. G. DAMAYANTHI

5. G. NIRMALA

6. G. BALAKRISHNAN

7. S. PARIMALA

8. R. SIVAGAMI Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to Stay the judgement and decree in O.S.No. 133 of 2010 dated 26/11/2013 on the file of the Fourth Additional District and Sessions Judge, Coimbatore in so far as it relates to the portion in clause 1 of the decree namely "easementary right available over the open space situated on the North of the House" (in CMP.No.12926/2016) pending disposal of the above appeal 529/2016 and;

(ii) To grant an order of Injunction restraining the respondents, and their men etc... from interfering the petitioner, so far as it relates to the portion in clause 1 of the decree namely "easementary right available over the open space situated on the North of the House." Which is the subject matter of the suit property in O.S.No.164 of 2012 on the file of the IV Additional District and Sessions Court, Coimbatore (in CMP.No.12927/2016) pending disposal of the above Appeal 530/2016 respectively. (Xerox copy attached in Schedule of Property) https://hcservices.ecourts.gov.in/hcservices/

Order : These petitions coming on for orders upon perusing the petitions and the respective affidavits filed in support thereof and upon hearing the arguments of M/S.P.SRINIVAS, Advocate for the petitioner in both the petitions and of MR.E.K.KUMARESAN Advocate for 2 & 6 respondents in both the petitions the court made the following order:-

ORDER

These petitions have been filed in the year 2016. Only notice has been ordered to the respondents on 18.08.2016 and till now, no interim order has been passed. No useful purpose would be served in keeping these petitions pending at this length of time. Hence these petitions are closed.

-sd/- 31/07/2020 / TRUE COPY / Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, COIMBATORE.

Order in CMP.Nos.12926 and 12927 of 2016 in A.S.Nos.529 and 530 of 2016 Date :31/07/2020 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format SDR 19/11/2020 https://hcservices.ecourts.gov.in/hcservices/