Yeesak v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Second day of February Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice S.S.SUNDAR CMP(MD) No.10031 of 2017 IN SA(MD)Nos.473 and SA(MD)No.474 of 2017 CMP(MD) No.10031 of 2017 IN SA(MD)Nos.473 :- 1 MUNIYANDI(DIED) 2 M.LAKSHMI 3 M.ROHINI 4 M.RAJASEKARAN 5 M.NATARAJAN 6 MAHALAKSHMI 7 MAHESWARI 8 M.JOTHIRANI (APPELLANTS 2 TO 8 BROUGHT ON RECORD AS LRS OF DECEASED SOLE APPELLANT VIDE ORDER DATED 28.04.2016 MADE IN MP(MD)NOS.4 TO 6/2015 IN SA(MD)SR.NO.19595/2010 BY RMDJ) ... PETITIONERS/ APPELLANTS Vs 1 KRISHNAVENI (DIED) 2.VANNIYA PERUMAL @ PERUMAL 3 KALAI ARASI 4 GANESAN(DIED) 5 GANDHI MURUGAN 6 MRS.PANCHAVARNAM (RESPONDENTS 2 TO 6 HEREIN BROUGHT ON RECORD AS LRS OF DECEASED SOLE RESPONDENT (KRISHNAVENI) VIDE ORDER DATED 28.04.2016 MADE IN MP.NO.

1/2011 IN SA.SR.19595/2010 BY RMDJ) 7 MRS.PUSHPA 8 MINOR.PRAVEEN KUMAR 9 MINOR MANISHA ... RESPONDENTS/ RESPONDENTS (MINOR RESPONDENTS 8 & 9 REPRESENTED THROUGH THEIR MOTHER AND NATURAL GUARDIAN 7th RESPONDENT) (RESPONDENTS 7 TO 9 HEREIN BROUGH ON RECORD AS LRS OF DECEASED 4TH RESPONDENT (GANESAN)VIDE ORDER DATED 28.04.2016 MADE IN MP.NOS.1 TO 3/2015 IN SA.SR.

(R3,5,6 & 7 ARE REP.BY THEIR POWER OF ATTORNEY VASANTHI) (RR3,5,6 & 7 ARE REPRESENTED BY THEIR POWER OF ATTORNEY, VIDE COURT ORDER DATED 22.08.2017 IN CMP(MD)NO.7255 & 7256/2017 IN SA.SR.19595/2010 & 19596/2010 BY PSNJ) PRAYER IN CMP(MD) No.10031 of 2017 IN SA(MD)Nos.473 :- Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to stay all further proceeding in AS.No.93/2006 on the file of the Sub Court, Sivagangai in OS.No.42/2000 on the file of the Additional District Munsif, Sivagangai pending disposal of the main second appeal.

SA(MD)474 of 2017:- 1 MUNIYANDI(DIED) 2 M.LAKSHMI 3 M.ROHINI 4 M.RAJESEKARAN 5 M.NATARAJAN 6 MAHALAKSHMI 7 MAHESWARI 8 M.JOTHIRANI (APPELLANTS 2 TO 8 BROUGHT ON RECORD AS Lrs OF DECEASED SOLE APPELLANT VIDE ORDER DATED 28.04.2016 MADE IN MP.NOS.4 to 6 OF 2015 IN SA(MD)SR.NO.19595/2010 .... APPELLANTS/LRS OF APPELLANT / DEFENDANT VS.

1 KRISHNAVENI (DIED) ... RESPONDENT/RESPONDENT/PLAINTIFF 2.VANNIYA PERUMAL @ PERUMAL 3 KALAI ARASI 4 GANESAN(DIED) 5 GANDHI MURUGAN 6 MRS.PANCHAVARNAM ... RESPONDENTS 2 to 6 / LRS OF 1st RESPONDENT / PLAINTIFF (RESPONDENTS 2 TO 6 HEREIN BROUGHT ON RECORD AS LRS OF DECEASED SOLE RESPONDENT (KRISHNAVENI) VIDE ORDER DATED 28.04.2016 MADE IN MP.NO.1/2011 IN SA.SR.19595/2010 BY RMDJ) 7 MRS.PUSHPA 8 MINOR.PRAVEEN KUMAR 9 MINOR MANISHA ... RESPONDENTS 7 TO9 / LRS 4th RESPONDENTS

(RESPONDENTS 7 TO 9 HEREIN BROUGH ON RECORD AS LRS OF DECEASED 4TH RESPONDENT (GANESAN)VIDE ORDER DATED 28.04.2016 MADE IN MP.NOS.1 TO 3/2015 IN SA.SR.19595/2010,19596/10) (R3,5,6 & 7 ARE REP.BY THEIR POWER OF ATTORNEY VASANTHI) (RR3,5,6 & 7 ARE REPRESENTED BY THEIR POWER OF ATTORNEY, VIDE COURT ORDER DATED 22.08.2017 IN CMP(MD)NO.7255 & 7256/2017 IN SA.SR.19595/2010 & 19596/10 BY PSNJ) PRAYER IN SA(MD)No.474/17:- to prefer the Memorandum of grounds of Second Appeal filed against the judgment and decree passed in AS.No.112 of 2006 on the file of the Sub-Court, Sivagangai dated 14.08.2007 confirming the judgment and decree passed in O.S.No.42 of 2000 on the file of the Additional District Munsif, Sivagangai, dated 05.09.2005.

ORDER : These petitions coming on for orders upon perusing the petitions and the affidavits filed in support thereof and upon hearing the arguments of M/S.R.SUNDAR SRINIVASAN, Advocate for the petitioners in both the petitions, Mr.S.SRINIVASARAGHAVAN, Advocate on behalf of the Respondents,2,3,5,6,7 in both the cases, and the court made the following order:- Post the matter on 08.02.2018.

Interim order granted earlier is extended till then. sd/- 02/02/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO

1. THE SUBORDINATE JUDGE, SIVAGANGAI.

2. THE ADDITIONAL DISTRICT MUNSIF, SIVAGANGAI. +1 CC TO Mr. R.SUNDAR SRINIVASAN , Advocate, Sr.No. 1829 CMR/GSP JAM/06/02/2018/PM-PN/ SAR 1 / 3P-4C ORDER IN CMP(MD) No.10031 of 2017 IN SA(MD)Nos.473 and SA(MD)No.474 of 2017 Date :02/02/2018