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Madras High CourtCMP/1117/2018dismissed

Thanjammal v. Siva

2020-12-04Honourable Mr Justice R. Subramanian2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Civil Appellate Jurisdiction ) Friday, the Fourth day of December Two Thousand Twenty PRESENT The Hon`ble Mr Justice R.SUBRAMANIAN CMP No.1117 of 2018 IN SA.56 of 2018 THANJAMMAL [ PETITIONER ] vs 1 SIVA [ RESPONDENTS ] 2 MURUGESAN 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 Judgement and clause 2 of the decree alone in AS.No.10 of 2016 Dt 21/09/2017 on the file of Sub Court Uthangarai (in CMP.No.1117/2018) pending disposal of the above SA.No.56/2018. 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.A.SIVAJI, Advocate for the petitioner and of MR.V.

NICHOLAS Advocate on behalf of the Respondents the court made the following order:- This petition for stay is wholly misconceived. A suit for declaration and injunction was decreed by the Trial Court as prayed for. On Appeal the Appellate Court affirmed the decree for injunction while setting aside the decree for declaration. In such circumstances, there is no question of any further proceedings pursuant to the said decree at the instance of the respondents. Hence the application for stay is dismissed.

-sd/- 04/12/2020 / TRUE COPY / Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

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

TO 1 THE SUBORDIANTE JUDGE, OOTHANGARAI.

2 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, KOCHAMPALLI.

3 THE SECTION OFFICER, VR SECTION, HIGH COURT, CHENNAI.

Order in CMP.1117/2018 in SA.56/2018 Date :04/12/2020 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format SDR 08/12/2020 https://hcservices.ecourts.gov.in/hcservices/