Madras High CourtCMP(MD)/1084/2021dismissed

Kondakalliammal, v. Sankaranarayanan,

2021-02-15Honourable Mr Justice R. Subramanian2 pages

CMP(MD) No.1084 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Fifteenth day of February Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice R.SUBRAMANIAN CMP(MD) No.1084 of 2021 in SA(MD)No.76 of 2021 KONDAKALLIAMMAL ... APPELLANT/APPELLANT/PLAINTIFF Vs 1.SANKARANARAYANAN 2 RAYAVELAMMAL 3 RAJARAM 4 SITHIAYAN 5 JEYARAMAN ... RESPONDENTS/RESPONDENTS/DEFENDANTS Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to STAY the operation of the Judgement and Decree dated 13.12.2019 in A.S.No.24 of 2019 on the file of the Subordinate Court, Aruppukottai confirming the Judgement dand Decree dated 27.09.2018 in O.S.No.35 of 2006 on the file of the Additional District Munsif Court, Aruppukottai pending disposal of the Second Appeal.

PRAYER IN SA(MD)No.76 of 2021:

To set aside against the Judgment and Decree dated 13.12.2019 made in A.S.No.24 of 2019 on the file of the Subordinate Court, Aruppukottai Confirming the Judgment and decree dated 27.09.2018 made in O.S.No.35 of 2006 on the file of the Additional District Munsif Court, Aruppukottai and allow this Second Appeal. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMP(MD) No.1084 of 2021 ORDER : This petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.R.RAMADURAI, Advocate for the petitioner, while admitting the Second Appeal, the court made the following order:- This petition is wholly misconceived. The suit has been dismissed and the same has been confirmed by the appellate Court. Therefore, there is no executable decree. Hence, this petition is dismissed.

sd/- 15/02/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE SUBORDINATE JUDGE, APUPPUKOTTAI.

2.THE ADDITIONAL DISTRICT MUNSIF, ARUPPUKOTTAI.

ORDER

IN CMP(MD) No.1084 of 2021 in SA(MD)No.76 of 2021 Date :15/02/2021 cmr AE/SMA/SAR-I (18/02/2021) 2P / 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2