K. Selvarajan v. Amuthasurabi Educational Trust

P.B.BALAJI, J.

Heard the learned counsel appearing for the petitioner as well as the learned counsel appearing for the respondents. 2.Though the present petition seeks only to dispense with the production of the impugned judgment and decree in O.S.No.55 of 2025, it is brought to the notice of this Court by the learned counsel on either side that, pursuant to the said judgment and decree, the Court-appointed Commissioners are proceeding with the auction of the property belonging to the plaintiff/Trust.

3.The learned counsel appearing for the plaintiff/Trust, who is arrayed as the respondent in the First Appeal, would submit that the Trust has now made alternate arrangements for clearing the loans availed by it and that there is no longer any compulsion or necessity to sell the property in respect of which the original suit came to be filed seeking 1/3

permission to sell the Trust property. It is further submitted that the Trust has now taken a conscious decision not to sell the said property. The learned counsel would further bring to the notice of this Court that the Trial Court is not entertaining any application to place the said subsequent development on record and, therefore, the Trust has entered appearance in the Appeal Suit to bring the same to the notice of the Appellate Court, namely, this Court.

4.In the light of the above submissions, this petition is ordered as prayed for. Though there is a delay in preferring the First Appeal, in view of the stand now taken by the respondent/plaintiff itself, there shall be an order of interim stay of all further proceedings pursuant to the judgment and decree dated 22.04.2025 passed in O.S.No.55 of 2025 on the file of the Principal District Court, Namakkal.

29.01.2026 Index : Yes/No : Yes/No Speaking/Non-Speaking Order kv Note: Registry is directed to list the condone delay petition on 30.01.2026.

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P.B.BALAJI, J.

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