Madras High CourtCMP/12106/2018dismissed

Palanisamy v. S. Ramana

2018-11-12Honourable Ms. Justice P.T. Asha2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Civil Appellate Jurisdiction ) Monday, the Twelfth day of November Two Thousand Eighteen PRESENT THE HON`BLE MS. JUSTICE P.T. ASHA CMP NO.12106 OF 2018 in SA.NO.437/2018 1 PALANISAMY [ PETITIONERS ] 2 CHINNATHAYEE 3 VENKATACHALAM 4 KOLANDAIVEL 5 GOWRI 6 PALANIYAMMAL 7 POAPPATHI 8 KUNJAN @ MUTHU 9 MURUGAN Vs 1 S. RAMANA [ RESPONDENTS ] 2 S. LAKSHMANAN (DIED) 3 S. THNGARAJU 4 MARIAMMAL 5 SELVARAJ 6 MURUGAN Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to stay all further proceedings pursuant to the fair and decreetal order t 30/04/2015 in IA No.293/2014 in OS No.442/2012 on the file of the Prl Sub Court Salem as confirmed by the judgment and decree dt 06/09/2017 in AS No.35/2016 on the file of the II Addl Dist court Salem (CMP.12106/2018) pending disposal of the SA.437/2018 https://hcservices.ecourts.gov.in/hcservices/

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.D.SHIVAKUMARAN, Advocate for the petitioner and of MR.A.THIYAGARAJAN, Advocate (Caveator)for the Respondents the court made the following order:- The learned counsel for the caveator respondent would submit that the possession has been taken in E.P.No.207 of 2013. Therefore, nothing survives in this Stay Petition and therefore, the same is dismissed. It is needless to state that in the event of the appellants succeeding in the Second Appeal, they will entitled to restitution.

-sd/- 12/11/2018 / TRUE COPY / Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO 1 THE PRINCIPAL SUBORDINATE JUDGE, SALEM.

2 THE 2ND ADDTIIONAL DISTIRCT JUDGE, SALEM.

THE SECTION OFFICER, JUDICIAL (NOTICE) SECTION, HIGH COURT, CHENNAI-104.

(FOR SENDING NOTICE ALONG WITH SUBSTANTIAL QUESTIONS OF LAW) C.C. to M/S.D.SHIVAKUMARAN Advocate on payment of necessary charges C.C. to M/S.A.THIYAGARAJAN, Advocate (Caveator) Sr.No.13832 Order in CMP.12106/2018 in SA.NO.437/2018 Date :12/11/2018 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format RRI 26/11/2018 https://hcservices.ecourts.gov.in/hcservices/