Madras High CourtCMP(MD)/2865/2016closed

K.M.Ramasamy v. S.Rasappan

2016-04-28Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Twenty Eighth day of April Two Thousand Sixteen PRESENT The Hon`ble Mr Justice R.MAHADEVAN CMP(MD) No.2865 of 2016 IN SA(MD) No.175 of 2016 1 K.M.RAMASAMY 2 R.SUDHA ... PETITIONERS/APPELLANTS Vs 1 S.RASAPPAN 2 M/S. CHANNEL TEX REP BY ITS PARTNER N.KARUPPANNAN, 3 K.KARUPPANNAN 4 K.NAGULSAMY @ K.ANANDARAJ 5 K.PERIYASAMY @ K.ARUNRAJ 6 K.KULANDAIYAMMAL ... RESPONDENTS/RESPONDENTS (EP.No.9 in the prayer is substituted vide order dt.21.4.2016 made in MP.(MD).No.4054/16 in SA.(MD).NO.175/16 by RMDJ) Prayer in CMP(MD) No.2865 of 2016 in SA(MD). 175/ 2016 : Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to grant and order of interim stay of all further proceedings in EP.No.9/2014 on the file of the Additional Sub Court, Karur pending disposal of hte SA.(MD).No.175/2016.

Prayer in SA(MD). 175/ 2016 :

Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to set aside the judgement and decree dated 14.10.2015 made in A.S.No.17/2014 on file of the Principal District Judge, Karur confirming the judgement and decree dated 25.07.2013 made in O.S.No.24/2010 on the file of the Additional Sub Court, Karur and dismiss the suit in toto and pass such other orders 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. K.PRABHAKAR, Advocate for the petitioner and of Mr.K.Govindarajan, Advocate for R1, the court made the following order:- https://hcservices.ecourts.gov.in/hcservices/

As directed, the petitioners had deposited a sum of Rs.3,50,000/- (Rupees Three Lakhs and Fifty Thousand only). Therefore, the interim stay already granted by this court dated:24.03.2016 is to continue till the disposal of the main Second Appeal. Accordingly, this Civil Miscellaneous Petition is closed. Registry is directed to list the main Second Appeal for final hearing in the usual course.

sd/- 28/04/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE ADDITIONAL SUBORDINATE JUDGE, KARUR 2 THE PRINCIPAL DISTRICT JUDGE, KARUR sh:SKS-RR:04.5.2016:2P/3C

ORDER

IN CMP(MD) No.2865 of 2016 IN SA(MD) No.175 of 2016 Date :28/04/2016 https://hcservices.ecourts.gov.in/hcservices/