P.Ramasamy v. R.Venkatraman
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Civil Appellate Jurisdiction ) Tuesday, the Fifth day of October Two Thousand Twenty One PRESENT THE HON'BLE MRS.JUSTICE S.KANNAMMAL CMP.No.16220 of 2021 and SA.No.102 of 2018 1 P.RAMASAMY [ PETITIONERS ] 2 K.P.RAMASAMY 3 MUTHAYAMMAL EDUCATIONAL INSTITUTIONS, REP.BY ITS CHAIRMAN, RAMASAMY KAKKAVERI, RASIPURAM TALUK, NAMAKKAL DISTRICT.
4 MUTHAYAMMAL EDUCATIONAL TRUST AND RESEARCH FOUNDATION, REP.BY ITS MANAGING TRUSTEE K.GUNASEKARAN S/O KANDASAMY MUTHAYAMMAL ENGINEERING COLLEGE COMPLEX KAKKAVERI VILLAGE, RASIPURAM TALUK [4TH PETITIONER/APPELLANT SUBSTITUTED VIDE ORDER OF COURT DATED 16/08/2016 MADE IN MP.NO.1 OF 2013 IN SA.SR.NO.605 OF 2010] Vs 1 R.VENKATRAMAN [ RESPONDENTS ] 2 K.KARUPPANNAN 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 in E.P.No.2 of 2012 in O.S.No.190 of 2002 on the file of the District Munsif Court, Rasipuram (in CMP.No.16220/2021) pending disposal of the above SA.No.102/2018 Order : This petition coming on this day for hearing upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of MR.
MURUGAMANICKAM, for M/S.ZEENATH BEGUM, Advocate for the petitioner and of M/S.N.SURESH, Advocate for the Respondent, the court made the following order:- This petition is filed seeking to stay all further proceedings in E.P.No.2 of 2012 in O.S.No.190 of 2002 on the file of the District Munsif Court, Rasipuram.
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2. By order dated 07.02.2018, this Court granted interim stay for a limited period of four weeks in respect of clause (4) of the decree of the lower appellate Court in A.S.No.97 of 2008. Subsequently, by order dated 23.03.2018, this Court extended the above said interim order until further orders.
3. While so it is submitted that the District Munsif Court, Rasipuram without considering the above order, proceeded with the execution proceedings in E.P.No.2 of 2012. Hence, the learned counsel for the petitioner seeks interim stay.
4. When this Court has extended interim stay until further orders, the execution proceedings cannot be proceeded and the executing Court has to wait till the disposal of the Second Appeal or until further orders.
5. In view of the above, there shall be an order of interim stay until further orders.
-sd/- 05/10/2021 / TRUE COPY / Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.
TO 1 THE DISTRICT MUNSIF RASIPURAM 2 THE SUBORDINATE JUDGE RASIPURAM Order in CMP.No.16220 of 2021 and SA.No.102 of 2018 Date :05/10/2021 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format DV(07/10/2021) (IT) https://hcservices.ecourts.gov.in/hcservices/