Madras High CourtCMP/6302/2021closed

Sadaiyappa Gounder v. M.Gomathi

2021-09-02Honourable Ms. Justice P.T. Asha2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Civil Appellate Jurisdiction ) Thursday, the Second day of September Two Thousand Twenty One PRESENT The Hon`ble Ms. Justice P.T.ASHA CMP No.6302 of 2021 IN AS.96 of 2021 1 SADAIYAPPA GOUNDER [ PETITIONERS ] 2 KATHIRVEL 3 GOWRI Vs M.GOMATHI [ RESPONDENT ] Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to stay the execution of the judgment and decree dated 09.02.2021 made in OS.No.07 of 2015 on the file of the Third Additional District and Sessions Court, Tiruppur at Dharapuram (in CMP.No.6302/2021) pending disposal of the above appeal 96/2021.

1. Order : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of MR.N.MANOHARAN, Advocate for the petitioner and of MR.K.GOVI GANESAN Advocate for the respondent the court made the following order:- The respondent has entered appearance through learned counsel. By order dated 30.04.2021, this Court was pleased to grant an order of interim stay of the passing of final decree alone till 07.07.2021. The suit in question is a suit for partition and the petitioners/appellants are the defendants. If the suit is allowed to be proceeded with, https://hcservices.ecourts.gov.in/hcservices/

there is a likelihood of the petitioners being prejudiced. Therefore, this Court taking into account the interest of the respondent as well, had granted the stay. Therefore in the interests of justice the interim stay already granted is made absolute.

-sd/- 02/09/2021 / TRUE COPY / Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, TIRUPPUR AT CHARAPURAM.

c.c. to MR.N.MANOHARAN Advocate SR.NO.5003 Order in CMP.6302/2021 in AS.96/2021 Date :02/09/2021 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format SDR 27/05/2021 SDR 13/09/2021 https://hcservices.ecourts.gov.in/hcservices/