Madras High CourtCMP/13267/2020dismissed

Chinnaponnu v. Palanivel

2022-03-29Honourable Mr Justice S.S. Sundar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Civil Appellate Jurisdiction ) Tuesday, the Twenty Ninth day of March Two Thousand Twenty Two PRESENT THE HON'BLE MR.JUSTICE S.S.SUNDAR CMP.No.13267/2020 & CMP.No.25461/2019 in SA.No.1038/2019 1 CHINNAPONNU [ 1st PETITIONER in CMP.13267/2020 and 1st REPONDENT in CMP.25461/2019 ] 2 KOKILAVANAN [2nd PETITIONER in CMP.13267/2020 and BOTH REP BY ITS POWER AGENT 2nd RESPONDENT in CMP.25461/2019 ] KATHALINGAM, S/O GANAPATHY KUMAR, D.NO.6, WEST STREET, KAZHANIVASAL VILLAGE, KUTHALAM TALUK, MAYILADUTHURAI DISTRICT.

Vs 1 PALANIVEL [ 1st RESPONDENT in CMP.13267/2020 and 1st PETITIONER in CMP.25461/2019] 2 IYAPPAN [2nd RESPONDENT in CMP.13267/2020 and 2nd PETITIONER in CMP.25461/2019] 3 PAKKIRISAMI [3rd RESPONDENT in CMP.13267/2020 and 3rd RESPONDENT in CMP.25461/2019] Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to vacate the order of interim stay dated 29/11/2019 on the execution of the decree in O.S.No.273/2013 on the file of the District Munsif, Mayiladuthurai as granted in A.S.No.8/2018 on the file of Additional Sub-Court, Mayiladuthurai(CMP.No.13267/2020)and; (2)To stay the operation of judgement and decree in AS.No.8/2018 dated 11/10/2018 on the file of Additional Sub court, Mayiladuthurai, Nagapattinam Dist reversing the Decree and judgment in O.S.No.273/2013 dt 1/09/2017 on the file of Principal District Munsif, Mayiladuthurai(CMP.No.25461/2019)pending disposal of the above SA.No.1038/2019.

https://hcservices.ecourts.gov.in/hcservices/

Order : These petitions coming on this day for hearing upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.DR.S.VIDYA, Advocate for 1st PETITIONER in CMP.13267/2020 and 1st REPONDENT in CMP.25461/2019 and M/S.K.M.VIJAYAN ASSOCIATES, Advocate for the 1st RESPONDENT in CMP.13267/2020 and 1st PETITIONER in CMP.25461/2019, the court made the following order:- The learned counsel for the appellants states that he will argue the main Second Appeal itself.

2.Hence, the interim order granted by this Court earlier on 29.11.2019 in CMP.No.25461/2019 is made absolute and the present petition to vacate the said interim order, is dismissed. 3.Post SA.No.1038/2019 for final disposal on 06.04.2022. 4.Registry is directed to call for the records from the Courts below.

-sd/- 29/03/2022 / TRUE COPY / Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO 1 THE PRINCIPAL DISTRICT MUNSIFF MAYILATHURAI.

2 THE ADDITIONAL SUBORDINATE JUDGE, MAYILADUTHURAI.

Order in CMP.No.13267/2020 & CMP.No.25461/2019 in SA.No.1038/2019 Date :29/03/2022 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format GS(31/03/2022) https://hcservices.ecourts.gov.in/hcservices/