The Deputy Chief Engineer v. Gurusamy

C.M.P.[MD]No.939 of 2021 in A.S[MD]No.27 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Ninth day of August Two Thousand and Twenty One PRESENT The Hon'ble Mr.Justice V.BHARATHIDASAN and The Hon'ble Mrs.Justice J.NISHA BANU C.M.P.[MD]No.939 of 2021 in A.S[MD]No.27 of 2021 THE DEPUTY CHIEF ENGINEER CONSTRUCTIONS, SOUTHERN RAILWAY, SALEM.

... PETITIONER/APPELLANT Vs

1. GURUSAMY

2. THE SPECIAL TAHSILDAR (LA), SALEM KARUR NEW BROADGUAGE, RAILWAY LINE SCHEME, KARUR. ... RESPONDENTS/RESPONDENTS 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 decree and judgment in LAOP No.131 of 2002, dated 28.2.2012 on the file of Principal Subordinate Judge, Karur. Prayer in AS(MD)No. 27/ 2021 :

To set aside the judgment and decree passed in LAOP No.131 of 2002 dated 28.02.2012 on the file of the Principal Subordinate Judge, Karur.

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.S.MANOHAR, Advocate for the petitioner and of not appeared for the Respondents No.1&2 either in person or through by an advocate, the court made the following order:- [Order of the Court was made by V.BHARATHIDASAN, J.] The petitioner/appellant has filed the present appeal against https://hcservices.ecourts.gov.in/hcservices/ 1/2

C.M.P.[MD]No.939 of 2021 in A.S[MD]No.27 of 2021 the judgment and decree passed by the Reference Court dated 28.02.2012 in L.A.O.P.No.131 of 2002 on the file of the Principal Subordinate Judge, Karur and pending appeal, the petitioner has sought for stay of the judgement and decree passed by the Reference Court.

2. When the matter is taken up for hearing today, the learned counsel appearing for the petitioner/appellant would submit that after the judgment and decree passed by the Reference Court, the entire award amount has been deposited and amount had already been withdrawn by the first respondent.

3. Considering the above circumstance that already the award amount had been deposited and the same had also been withdrawn by the first respondent, there is no need to stay the judgment and decree passed by the Reference Court.

Hence, this Civil Miscellaneous Petition is dismissed.

sd/- 09/08/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE SPECIAL TAHSILDAR (LA), SALEM KARUR NEW BROADGUAGE, RAILWAY LINE SCHEME, KARUR.

2. THE PRINCIPAL SUBORDINATE JUDGE, KARUR.

ORDER IN C.M.P.[MD]No.939 of 2021 in A.S[MD]No.27 of 2021 Date :09/08/2021 pm USK/VR/SAR-II : 12/08/2021 : 2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2