Madras High CourtCMP(MD)/10384/2017allowed

Karuppudaiyur (Died) v. P. Kamalam

2018-01-05Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Fifth day of January Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice S.S.SUNDAR CMP(MD)No.10384 of 2017 in CMP(MD)No.8000 of 2017 in SA(MD)No.359 of 2017 KARUPPUDAIYUR (DIED) 1 MURUGAN 2 ANNATHURAI 3 KRISHNAMOORTHY 4 DEEPAN CHAKRAVARTHY 5 MEENAKSHIAMMAL 6 PACHAYAMMAL 7 RANI 8 BABY THANGAM 9 PAPPATHI ... PETITIONERS/PETITIONERS/APPELLANTS Vs P.KAMALAM ... RESPONDENT/RESPONDENT/RESPONDENT Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to extend the time granted by this Honble Court in C.M.P.(MD)No.8000 of 2017 in S.A.(MD)No.359 of 2017, dated 08.09.2017 for compliance of the condition imposed by this Honble Court. Prayer in CMP(MD). 8000/ 2017 :

To stay all further proceedings in O.S.No.746 of 2003 on the file of the Additional Subordinate Court, Dindigul as confirmed in A.S.No.16 of 2006 on the file of the Additional District and Sessions Judge, Dindigul, pending disposal of the above second Appeal and thus render justice.

ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.M.R.SREENIVASAN, Advocate for the petitioners and of M/S.H.LAKSHMI SHANKAR, Advocate on behalf of the Respondent the court made the following order:- This petition is filed to extend the time granted by this Court in C.M.P.(MD)No.8000 of 2017 in S.A.(MD)No.359 of 2017, dated 08.09.2017 for compliance of the condition imposed by this Court.

2. Heard the learned counsel appearing for the petitioners and the learned counsel appearing for the respondent. https://hcservices.ecourts.gov.in/hcservices/

3. This Court earlier by an order, dated 08.09.2017, granted an order of Interim Stay on condition that the appellants were directed to deposit 50% of the Decree amount to the credit of O.S.No.746 of 2003 on the file of the learned Additional Subordinate Judge, Dindigul, within a period of eight weeks from the date of receipt of a copy of the order. Since the appellants have not deposited the said amount within a time stipulated by this Court, the present petition has been filed.

4. This Court is satisfied with the reasons stated in the affidavit filed in support of this petition. Hence, the petition is allowed and the time granted earlier by this Court in C.M.P.(MD) No.8000 of 2017 in S.A.(MD)No.359 of 2017, dated 08.09.2017 is extended till 31.01.2018.

sd/- 05/01/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE ADDITIONAL SUBORDINATE JUDGE, DINDIGUL.

2 THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, DINDIGUL.

ORDER IN CMP(MD)No.10384 of 2017 IN CMP(MD)NO.8000 of 2017 IN SA(MD)No.359 of 2017 Date :05/01/2018 MKV-PM-PN-SAR 3/17.1.2018/2P-3C https://hcservices.ecourts.gov.in/hcservices/