M.Shanmugam v. All India Anna Dravidamunnetrakazhagam

C.M.P. Nos.10411, 10416, 10417 and 10418 of 2022 in O.S.ANo.160 of 2022 M.DURAISWAMY, J.

and SUNDER MOHAN, J (Order of the Court made by M.DURAISWAMY, J) When the above Civil Miscellaneous Petitions were taken up for hearing, Mr. A.K.Sriram, learned counsel appearing for the petitioner/appellant and Mr. Aravind Pandian, learned Senior Counsel appearing for the 4th respondent submitted that the Hon'ble Supreme Court in Special Leave to Appeal (C) No.11237/2022, by order dated 06.07.2022, granted an order of interim stay of the order dated 23.06.2022, which has been challenged in the said Appeal.

2. Pursuant to the order dated 23.06.2022, the appellant has filed the above Civil Miscellaneous Petitions seeking for the following reliefs:- (i) C.M.P. No.10411/2022 : to implead the proposed respondents 6 to 10 in the above O.S.A.No.160/2022; Page 1/4

(ii) C.M.P. No.10416/2022 : to punish the respondents for disobeying the order dated 23.06.2022;

(iii) C.M.P. No.10417/2022 : to grant an order of interim injunction restraining the respondents from conducting the General Council Meeting scheduled to be held on 11.07.2022 for the implementation of any decisions ; and (iv) C.M.P. No.10418/2022 : to grant an order of interim stay of the appointment of the 8th respondent as the Permanent Presidium Chairman in the General Council Meeting held on 23.06.2022.

2. Mr. A.K. Sriram, learned counsel appearing for the petitioner/ appellant and Mr. Aravind Pandian, learned Senior Counsel appearing for the 4th respondent submitted that the above Civil Miscellaneous Petitions may be kept pending and may not be dismissed at this stage for the reason that the Hon'ble Supreme court had only stayed the order dated 23.06.2022. The learned counsels have also requested that the above Civil Miscellaneous Petitions may be adjourned by two weeks. Page 2/4

3. Since all these Civil Miscellaneous Petitions were filed pursuant to the order dated 23.06.2022 passed in C.M.P. No.9962 of 2022 and that the said order has been stayed by the Apex Court by order dated 06.07.2022, we do not find any reason to keep all these petitions pending. Accordingly, the above Civil Miscellaneous Petitions are dismissed. However, in the event of the petitioner/appellant succeeding in the appeal before the Hon'ble Supreme Court, it is open to him to file appropriate petition in accordance with law.

Post the above appeal on 19.07.2022.

[M.D., J.] [S.M., J.] 07.07.2022 Rj Note: Issue order copy today itself.

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M. DURAISWAMY, J.

and SUNDER MOHAN, J.

Rj O.S.A..No.160 of 2022 07.07.2022 Page 4/4