Devaraj v. Paramasivam
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Sixth day of December Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice R.SUBRAMANIAN CMP(MD) No.1406 of 2018 IN AS(MD) No.28 of 2018 DEVARAJ ... PETITIONER/APPELLANT Vs 1 PARAMASIVAM CHANDRAKASU (DIED).
2 S. AKILAMBAL 3 KANAGAVALLI 4 C. VASANTHA ... RESPONDENTS/RESPONDENTS Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to Suspend the operation of Judgment and decree dated 29.06.2017 in O.S.No.26 of 2014 on the file of the 2nd Additional District and Sessions Judge, Thanjavur pending disposal of the above First Appeal.
Prayer in AS(MD). 28/ 2018 :
To set aside as against the Judgment and decree dated 29.06.2017 in O.S.No.26 of 2014 on the file of the 2nd Additional District and Sessions Judge, Thanjavur 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 MR.K.K.RAMAKRISHNAN, Advocate for the petitioners the court made the following order:- The challenge in this Appeal is against the preliminary decree of partition.
The prayer in this petition is to suspend the operation of the judgment and decree in O.S.No. 26 of 2014.
In my view, the proper prayer should be one for stay of all further proceedings in O.S.No. 26 of 2014,pursuant to the said judgment and decree, I am not inclined to suspend the judgment and https://hcservices.ecourts.gov.in/hcservices/
decree in OS.No. 26 of 2014.
Hence, the application stands dismissed, left it open to the petitioner to seek appropriate prayer.
sd/- 06/12/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, THANJAVUR
ORDER
IN CMP(MD) No.1406 of 2018 IN AS(MD) No.28 of 2018 Date :06/12/2018 MSI/JC/SAR-I/10.12.2018-2P/2C https://hcservices.ecourts.gov.in/hcservices/