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Madras High CourtCMP/16990/2018stay made absolute

B.Ashok v. B.Bettaraju

2020-08-12Honourable Mr Justice R. Mahadevan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Civil Appellate Jurisdiction ) Wednesday, the Twelfth day of August Two Thousand Twenty PRESENT The Hon`ble Mr Justice R.MAHADEVAN CMP Nos.16990 and 16691 of 2018 in AS.Nos.627 and 628 of 2018

1. B.ASHOK [PETITIONERS IN CMP.16990/18IN AS.627/18 ]

2. P.KADHIRIAPPAN

3. B.RAJESWARI

4. B.CHINNAKKA B.ASHOK [PETITIONERS IN CMP.16991/18 IN AS.628/18] Vs

1. B.BETTARAJU [RESPONDENTS IN CMP.16990/18 IN AS.627/18] M.BETTAPPAN (DIED)

2. A.CHATURBUJ

3. T.RAMAMOORTHY

4. R.THIMMARAJ

5. R.ROJA

6. MINOR R.ASHWINI

7. MINOR R.LATCHUMI (MINORS REPRESENTED BY THEIR NEXT FRIEND FATHER T.RAMAMOORTHY)

1. B.BETTARAJU [RESPONDENTS IN CMP.16991/18 IN AS.628/18]

2. VEERAN Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to

grant stay of all further proceedings in OS.No.14/2010 on the file of the Addl Dist Judge of Krishnagiri (in CMP.No.16990/18) pending disposal of the above First appeal 627/18 and; (ii) to grant an order of Temporary injunction restraining the respondents herein and their men, agents, servants from interfering with the possession and enjoyment of the Petitioners in respect of properties which are the subject matter in O.S.No.12 of 2012 on the file of the Additional District Judge of Krishnagiri. (in CMP.16991/18 in AS.NO.628/18) respectively.

Order : These petitions coming on for orders upon perusing the petitions and the respective affidavits filed in support thereof and upon hearing the arguments of M/S.V.NICHOLAS, Advocate for the petitioner in each the petitions and of MR.N.A.NISSAR AHMED Advocate on behalf of the Respondents in each the petitions the court made the following order:- C O M M O N O R D E R In CMP No.16990 of 2018, an order of interim stay in respect of passing of final decree alone, was granted on 12.10.2018. Thereafter, the matter has been kept pending till date. Hence, the interim order already granted is made absolute and this Miscellaneous Petition is ordered accordingly.

2. In CMP No.16991 of 2018, an order of status quo was granted on 12.10.2018 and thereafter, the matter has been kept pending till date. Hence, the interim order already granted is made absolute and this petition is ordered accordingly.

-sd/- 12/08/2020 / TRUE COPY / Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO THE ADDITIONAL DISTRICT JUDGE, KRISHNAGIRI.

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

The Government Advocate, High Court, Madras - 104. Order in CMP Nos.16990 and 16691 of 2018 in AS.Nos.627 and 628 of 2018 Date :12/08/2020 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format SDR 22/09/2020