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Madras High CourtCMP/19169/2021stay made absolute

Devakumari Lydia v. K. Narayanan

2022-03-22Honourable Mr Justice M.Duraiswamy,Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Civil Appellate Jurisdiction ) Tuesday, the Twenty Second day of March Two Thousand Twenty Two PRESENT THE HON`BLE MR.JUSTICE M.DURAISWAMY AND THE HON`BLE MRS.JUSTICE T.V.THAMILSELVI CMP.NO.19169 OF 2021 IN AS.NO.440 OF 2021 AND AS.NO.288 OF 2021 1 DEVAKUMARI LYDIA [1ST PETITIONER IN CMP.NO.19169/2021 W/O.LATE M.Y.MITHIRAN, & 1ST RESPONDENT IN AS.NO.288/2021] SHREE SHREE INDANE GAS SERVICE, DOOR NOS.2/321A AND 2/321B, AMMUR ROAD, MALIGAPURAM, NO.66, MANTHANGAL VILLAGE, RANIPET POST, VELLORE DISTRICT 632402.

2 Y.ALWIN FREDRICK [2ND PETITIONER IN CMP.NO.19169/2021] & 3RD RESPONDENT IN AS.NO.288/2021] Vs 1 K.NARAYANAN [1ST RESPONDENT IN CMP.NO.19169/2021 & APPELLANT IN AS.NO.288/2021] 2 DEPUTY GENERAL MANAGER(LPG-S),[2ND RESPONDENT IN CMP.NO.19169/2021 CHENNAI AREA OFFICE, & 2ND RESPONDENT IN AS.NO.288/2021] INDIAN OIL CORPORATION LTD., MARKETING DIVISION, NO.500 ANNA SALAI, TEYNAMPET, CHENNAI 600018.

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 17.04.2021 passed in OS.No.4271/2018 on the file of the VI Additional City Civil Court, Chennai (CMP.No.19169 of 2021) pending disposal of the above AS.No.440 of 2021. and;

(ii) Appeal against the disallowed portion of the judgment and decree dated 17.04.2021 made in O.S. No.4271 of 2018 on the file of the Ld. Sixth Additional Judge, City Civil Court, Chennai (in AS.NO.288 OF 2021).

https://hcservices.ecourts.gov.in/hcservices/

Order : This miscellaneous petition and appeal coming on this day for hearing upon perusing the petitions and the affidavits filed in support thereof and upon hearing the arguments of M/S.S.P.ARTHI, Advocate for the 1ST PETITIONER IN CMP.NO.19169/2021 & 1ST RESPONDENT IN AS.NO.288/2021 and of M/S.N.MANOKARAN, Advocate (CAVEATOR) for 1ST RESPONDENT IN CMP.NO.19169/2021 & APPELLANT IN AS.NO.288/2021, the court made the following order:- (Order of the Court made by M.DURAISWAMY,J.) When the petition is taken up for hearing, learned counsel on either side submitted that the petitioner had complied with the orders of this court by depositing a sum of Rs.45,25,090/- on 18.03.2022 and the cost amount of Rs.69,005/- on 21.03.2022 before the VI Additional Judge, City Civil Court, Chennai.

2. Since the petitioner had complied with the orders of this court dated 08.12.2021, the interim stay granted on the said date is made absolute. The VI Additional Judge, City Civil Court, Chennai is directed to deposit the amount deposited by the petitioners to the credit of O.S.No.4271 of 2018i in Fixed Deposit in Indian bank, Madras High Court Branch, Chennai, in reinvestment scheme, initially for a period of one year.

-sd/- 22/03/2022 / TRUE COPY / Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO THE VI ADDITIONAL JUDGE, CITY CIVIL COURT, CHENNAI.

COPY TO THE BRANCH MANAGER, INDIAN BANK, MADRAS HIGH COURT BRANCH, CHENNAI-104.

C.C to M/S.N.MANOKARAN, Advocate SR.NO.1955/2021 Order in CMP.NO.19169 OF 2021 IN AS.NO.440 OF 2021 AND AS.NO.288 OF 2021 Date :22/03/2022 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format DPK(23/03/2022) https://hcservices.ecourts.gov.in/hcservices/