Nadhinidevi v. S.Kavitharaj

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Civil Appellate Jurisdiction ) Tuesday, the Seventeenth day of September Two Thousand Nineteen PRESENT THE HON`BLE MR JUSTICE R. SUBRAMANIAN CMP No.20013 of 2019 IN SA.NO.939 OF 2019 1 NADHINIDEVI [ PETITIONERS ] 2 JOTHIPRABHA Vs 1 S.

KAVITHARAJ [ RESPONDENTS ] ESWARAMOORTHY (DIED) 2 SARASU 3 THE DIVISIONAL MANAGER HINDUSTAN PETROLEUM CORPORATION LTD 18/3 BIG BAZAAR ST, COIMBATORE 4 THE SENIOR DIVISIONAL MANAGER HINDUSTAN PETROLEUM CORPORATION LTD, 18/3, BIG BAZAAR ST, COIMBATORE 5 THE SENIOR DIVISIONAL MANAGER HPCL RETAIL RD, TTK ROAD, ALWARPET, CHENNAI 6 THE CHAIRMAN HINDUSTAN PETROLEUM CORPORATION LTD, PETROLEUM HOUSE, JAMSAT JEE TATA ROAD MUMBAI 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 dated 30-11-2018 made in AS No.38 of 2017 on the file of III Additional District Court, Salem reversing the judgment and decree dated 06-08-2016 made in OS No.89 of 2012 on the file of the Sub Court, Attur (IN CMP.NO.

20013 OF 2019) pending disposal of the above Second Appeal NO.939 OF 2019.

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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.V.RAGHUPATHI, ADVOCATE FOR P.P.SHANMUGASUNDARAM, Advocate for the petitioner and of MR.GOKULKRISHNAN, ADVOCATE FOR CAVEATOR on behalf of the Respondents the court made the following order:- This Civil Miscellaneous Petition has been filed seeking stay on operation of the judgment and decree dated 30.11.2018 made in A.S.No. 38 of 2017 on the file of III Additional District Court, Salem.

The suit was one for declaration and injunction by virtue of the Judgement of the lower Appellate Court. The suit stands dismissed hence, there is nothing to be stayed. Accordingly, this stay petition is dismissed.

-sd/- 17/09/2019 / TRUE COPY / Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO 1 THE III ADDITIONAL DISTRICT JUDGE, SALEM.

2 THE SUBORDINATE JUDGE ATTUR.

C.C. to P.P.SHANMUGASUNDARAM Advocate on payment of necessary charges The Government Advocate, High Court, Madras - 104. Order in CMP No.20013 of 2019 IN SA.NO.939 OF 2019 Date :17/09/2019 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format VC (26/09/2019) https://hcservices.ecourts.gov.in/hcservices/