B.Ramalingiah v. J.Rani

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Civil Appellate Jurisdiction ) Tuesday, the First day of September Two Thousand Twenty PRESENT The Hon`ble Mr Justice R.MAHADEVAN CMP NO.13586 OF 2019 IN AS.NO. 484 OF 2019 B.RAMALINGIAH [ PETITIONER ] Vs 1 J.RANI [ RESPONDENTS ] 2 J. EMALDA 3 MINOR J ROOSEVELT S/O.LATE JAYAPRAKASH, MINOR REP BY MOTHER AND NEXT FRIEND J.RANI, 4 MINOR J.STALINA D/O. LATE JAYAPRAKASH, MINOR REP BY MOTHER AND NEXT FRIEND J.RANI 5 M. BALIAH ABRAHAM 6 JEBATHANGAM 7 CHENNAI CORPORATION REP BY ITS COMMISSIONER, RIPPON BUILDINGS, CHENNAI, P.S. BALAKRISHNAN (DECEASED).

8 B. SIVAKUMAR 9 B. SIVAGURU B. NATARAJAN (DECEASED).

10 KASTHOORI 11 SHAMUNDEESWARI 12 KALAVATHY 13 N. SENTHIL KUMAR 14 N. ARUN KUMAR

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 Judgement and decree dated 05-02-2019 made in OS.No.12050/2010 on the file of the V Addl.Judge, City Civil Court, Chennai (in CMP.No.13586/19) pending disposal of the above AS.No.484/19.

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.MUTHUKUMAR, Advocate for the petitioner and of M/S.PL.NARAYANAN Advocate (Caveator) for the 3rd respondent and Mr.DIVYA KUMAR Advocate for the 7th respondent the court made the following order:-

O R D E R

In this miscellaneous petition, on 02.07.2019, an order of interim stay was granted subject to condition that the petitioner should deposit 20% of the compensation awarded i.e.,Rs.3,15,400/- on or before 30.07.2019. While passing such order, it was specifically mentioned therein that in the event of failure on the part of the petitioner to deposit the said amount within the specified period, the interim stay granted would stand automatically vacated without any further reference to this Court.

2.Today, when the case was taken up for consideration, the learned counsel appearing for the appellant submitted that the petitioner has not complied with the aforesaid conditional order. 3.In view of the above, this petition stands dismissed, by virtue of the specific clause in the order dated 02.07.2019 as stated in the paragraph No.1 of this order.

-sd/- 01/09/2020 / TRUE COPY / Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO THE REGISTRAR, CITY CIVIL COURT, CHENNAI.

C.C. to M/S.S.MUTHUKUMAR Advocate on payment of necessary charges

The Government Advocate, High Court, Madras - 104. Order in CMP.13586/2019 in AS.484/2019 Date :01/09/2020 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format SDR 09.07.2019 SDR 08/09/2020