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Madras High CourtCMP/30452/2025dismissed

Dhanalakshmi (Died) 1.K.P.Suresh v. Karupayee

2026-04-02Honourable Mr.Justice S. Sounthar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02-04-2026

CORAM

THE HON'BLE MR.JUSTICE S. SOUNTHAR in S.A.No.804 of 2025 Dhanalakshmi (Died)

1. K.P.Suresh

2. P.Geetha Rani (cause title accepted vide court order dated 26.09.2025 made in C.M.P.No.15509/2025 in S.A.Sr.no.175299/2024(KGTJ)) ..Appellant(s) Vs

1. Karupayee

2. Palanisamy ..Respondent(s) Prayer:- Civil Miscellaneous Petition is filed under Section 151 of C.P.C., pleased to stay all further proceedings in EP.No.33 of 2023 on the file of the Subordinate Court, Paramathi, Namakkal.

For Appellant(s):

Mr.C.Jagadish For Respondent(s):

Mr.N.Manokaran

ORDER

The present Second Appeal is arising out of suit for bare injunction filed by the appellants restraining the respondents from interfering with their peaceful possession and enjoyment of the suit property in O.S.No.453 of 2011, on the file of Principal District Munsif, Namakkal. Pending the Second Appeal, the petitioners/appellants filed stay petition seeking stay of E.P.No.33 of 2023 pending on the file of Subordinate Court, Paramathi. The said Execution petition has been filed by the respondents seeking execution of decree for

specific performance passed in O.S.No.523 of 1994. The instant stay petition filed by the petitioners/appellants seeking stay of Execution of decree passed in some other suit is not at all maintainable. Therefore, this Court is not inclined to entertain the same. Accordingly, the Civil Miscellaneous Petition is dismissed. 02-04-2026 ep

S.SOUNTHAR, J.

ep in S.A.No.804 of 2025 02-04-2026