Madras High CourtCMP/5875/2018dismissed

Latha v. Vijaya

2020-08-13Honourable Mr Justice R. Subramanian2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Civil Appellate Jurisdiction ) Thursday, the Thirteenth day of August Two Thousand Twenty PRESENT THE HON`BLE MR.JUSTICE R.SUBRAMANIAN CMP No.5875 of 2018 SA.No.230 of 2018 LATHA [ PETITIONER ] Vs 1 VIJAYA [ RESPONDENTS ] 2 SUMATHI Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to stay the operation of the Judgment and Decree passed by the Learned III Additional District and Sessions Judge, Gobichettipalayam, Erode District in A.S.No.13/2017 dated 06.10.2017 reversing the Judgment and Decree passed by the Learned Subordinate Judge, Sathiyamangalam passed in O.S.No.244/2015 dated 18.04.2017 pending SA.No.230 of 2018. Order : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.S.PARTHASARATHY, Advocate for the petitioner and of MR.N.MANOKARAN, Advocate for the respondent, the court made the following order:-

O R D E R

This petition has been filed, seeking to stay the operation of the judgment and decree passed by the learned III Additional District and Sessions Judge, Gobichettipalayam, Erode District in A.S.No.13 of 2017 dated 06.10.2017 reversing the judgment and decree passed by the learned Subordinate Judge, Sathiyamangalam passed in O.S.No.244 of 2015 dated 18.04.2017 pending disposal of the above said Second Appeal.

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2. As a result of judgment of the lower Appellate Court, the suit in O.S.No.244 of 2015 stands dismissed. Therefore, there cannot be a stay of operation of a decree dismissing the suit. Hence, the stay petition is dismissed as ill conceived.

-sd/- 13/08/2020 / TRUE COPY / Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO 1 THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, GOBICHETTIPALAYAM, ERODE DISTRICT.

2 THE SUBORDINATE JUDGE, SATHIYAMANGALAM C.C. to M/S.S.PARTHASARATHY Advocate on payment of necessary charges C.C. to M/S.N.MANOKARAN, Advocate on payment of necessary charges Order in CMP.5875/2018 SA.No.230 of 2018 Date :13/08/2020 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format RR 27/08/2020 https://hcservices.ecourts.gov.in/hcservices/