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Madras High CourtCMP/19382/2019closed

S.Poomathi v. Thiyagarajan

2020-08-19Honourable Mr Justice R. Mahadevan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.08.2020

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN C.M.P.No.22873 of 2018:

1.Thiyagarajan 2.M.Aarthi 3.Minor T.Yogasri 4.Minor T.Akshaya (Minor petitioners 3 and 4 rep.

By mother and guardian, the 2nd petitioner M.Aarthi).

.. Petitioners Vs.

1.S.Poomathi 2.P.Abinaya 3.P.Pavithra 4.Leelavathi .. Respondents Petition filed under Section 151 r/w Order 41 Rule 5 of the Civil Procedure Code praying to stay all further proceedings pursuant to the judgment and decree dated 13.06.2018 made in O.S.No.26 of 2013 on the file of the IV Additional District Court, Erode District at Bhavani, in so far as it is against the petitioners / appellants, pending disposal of the above appeal. 1/4

For petitioners : Ms.Zeenath Begum For respondents : Mr.N.Manokaran for R1 to R3 C.M.P.No.19382 of 2019:

1.S.Poomathi 2.P.Abinaya 3.P.Pavithra .. Petitioners Vs.

1.Thiyagarajan 2.M.Aarthi 3.Minor T.Yogasri 4.Minor T.Akshaya (Minor respondents 3 and 4 rep.

By their mother and guardian, the 2nd respondent M.Aarthi).

.. Respondents Petition filed under Section 151 of the Civil Procedure Code praying to direct the first appellant / D2 to deposit the remaining arrears of maintenance of Rs.14,55,000/- to the credit of E.P.No.75 of 2018 in O.S.No.26 of 2013 on the file of the Fifth Additional District Court, Bhavani, pending disposal of the above appeal.

For petitioners : Mr.N.Manokaran For respondents : Ms.Zeenath Begum 2/4

ORDER

In C.M.P.No.22873 of 2018, conditional order of stay was granted on 26.04.2019. The learned counsel for the petitioners/appellants has submitted that the conditional order has been complied with by depositing the arrears of maintenance as ordered.

2.In view of the above, interim stay is made absolute and accordingly C.M.P.No.22873 of 2018 is ordered.

3.The learned counsel on either side have submitted that the appeal itself be taken up for final disposal 17.09.2020. Hence, C.M.P.No.19382 of 2019 is closed.

4.Post the appeal for final disposal on 17.09.2020. Index : Yes/No 19.08.2020 Internet : Yes/No KM R.MAHADEVAN, J.

3/4

KM C.M.P.Nos.22873 of 2018 and 19382 of 2019 in A.S.No.648 of 2018 19.08.2020 4/4