Madras High CourtCMP(MD)/8019/2016disposed of

G.Kasthuri Bai, v. Shantha H.Phawar

2016-11-11Honourable Mr Justice M. Sathyanarayanan,Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Eleventh day of November Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice M.SATHYANARAYANAN and The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.8019 of 2016 IN MP(MD)No.2 of 2015 IN AS(MD) No.111 of 2015 G.KASTHURI BAI ... PETITIONER/2nd RESPONDENT IN CMP(MD) No.8019/2016 IN AS(MD) No.111/2015 1 ATHMARAM RAO 2 RADHIKA MADHUKAR ... PETITIONERS/APPELLANTS IN MP(MD)No.2 of 2015 IN AS(MD) No.111/2015 Vs 1 SHANTHA H.PHAWAR ... 1st RESPONDENT/1st RESPONDENT 2 ATHMARAM RAO 3 RADHIKA MADHUKAR ... RESPONDENTS 2&3/APPELLANTS 1&2 4 UMAKITTU RAO,(DIED) 5 URMILA KADAM ... RESPONDENTS 4&5/RESPONDENTS 3&4 IN CMP(MD) No.8019/2016 IN AS(MD) No.111/2015 1 SHANTHAN PHAWAR 2 G.KASTHURI BAI UMA KITTU RAO (DIED) 3 URMILA KADAM ... RESPONDENTS/RESPONDENTS IN MP(MD)No.

2 of 2015 IN AS(MD) No.111/2015 (CAUSE TITLE ACCEPTED VIDE ORDER DATED 12.03.15 MADE IN MP(MD)No.1/14 in AS SR21402/14 BY STJ & VSRJ) PRAYER IN CMP(MD) No.8019 of 2016 IN AS(MD). 111/ 2015 : Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to vacate the Stay order dated 07.09.2015 made in M.P.(MD).No.2 of 2015 in A.S.(MD).No.111 of 2015 on the file of this Honourable High Court.

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Prayer in MP(MD). 2/ 2015 in AS(MD).111/2015 : To stay all further proceedings in Judgment and decree dated 22/03/2008 OS NO. 31 of 2008 on the file of II Additional District and Sessions Judge, Tiruchirapalli pending disposal of the above First Appeal and thus render justice.

Prayer in AS(MD). 111/ 2015 :

To prefer the Memorandum of Grounds of First Appeal against the judgment and Decree in OS NO.31 of 2008 dated 22/03/2013 on the file of II Additional District and Sessition Judge, Tiruchirappalli for the following among other.

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. T.SENTHIL KUMAR, Advocate for the petitioner IN CMP(MD) No.8019/2016 IN AS(MD) No.111/2015 and the respondents in MP(MD)No.2 of 2015 IN AS(MD) No.111/2015 of Mr.A.SARAVANAN, on behalf of the Respondents in CMP(MD) No.8019/2016 IN AS(MD) No.111/2015 and the petitioners in MP(MD)No.2 of 2015 IN AS(MD) No.111/2015 and M/S.M.SELVENDRAN, Advocate for R3 in (SR Stage), the court made the following order:- This Court vide its order, dated 07.09.2015, has granted stay of final decree proceedings alone and the respondents/decree holders came forward to file this petition to vacate the stay granted by this Court im MP(MD)No.1 of 2015.

2. In the considered opinion of this Court, if the interim order granted by this Court is vacated, the appeal suit may become infructuous. Therefore, the interim order granted by this Court is made absolute and accordingly, this petition is closed. However, it is open to the respondents/decree holders to approach this Court by filing an appropriate petition for direction, after ascertaining the mean profits.

3. Since it is represented on either side that the parties are Senior Citizens, the Registry is directed to accord priority and after preparation of necessary papers, list the appeal for final disposal in the first week of January, 2017.

sd/- 11/11/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, TIRUCHIRAPPALLI.

ORDER IN CMP(MD) No.8019 of 2016 IN AS(MD) No.111 of 2015 SSM Date :11/11/2016 TE/DB/SAR-I : 16/11/2016 : 2P/2C https://hcservices.ecourts.gov.in/hcservices/