Madras High CourtCMP(MD)/2516/2020stay made absolute

Malaichamy v. Dileepkumar

2022-03-22Honourable Ms Justice R.N.Manjula2 pages

CMP(MD) No.2516 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Twenty Second day of March Two Thousand and Twenty Two PRESENT The Hon`ble Ms.Justice R.N.MANJULA CMP(MD) No.2516 of 2020 IN AS(MD) No.73 of 2020 1 MALAICHAMY 2 SEKAR ... PETITIONERS/APPELLANTS Vs 1 DILEEPKUMAR 2 RAMAR 3 AZHAGUMURUGAN ... 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 the Judgment and Decree dated 15.07.2019 passed in O.S.No.48 of 2012 on the file of Additional District Judge (FTC), Theni, pending disposal of the above appeal. Prayer in AS(MD). 73/ 2020 :

To set aside the Fair and Decretal order dated 15.07.2019 passed in O.S.No.48 of 2012 on the file of Additional District Judge (FTC), Theni, and allow the present appeal.

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 M/S.R.SUBRAMANIAN, Advocate for the petitioner, the court made the following order:- This Civil Miscellaneous Petition is filed to stay the operation of the judgment and decree dated 15.07.2019, passed in O.S.No.48 of 2012, on the file of the Additional District Judge (FTC), Theni.

2.On 18.11.2020, this Court has passed the following order:- "There shall be an order of interim stay on condition that the petitioners/appellants shall deposit a sum of Rs.7,00,000/- (Rupees Seven Lakhs only) to the credit of O.S.No.48 of 2012, on the file of the Additional District Court (FTC), Theni, within a period of eight weeks form the https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMP(MD) No.2516 of 2020 date of receipt of a copy of this order, failing which, interim stay granted shall stand vacated automatically without any further reference to this Court.

2. On such deposit, the trial Court is also directed to deposit the said amount in any one of the nationalized Banks on re-investment scheme, till the disposal of the suit. Notice."

3.Today (22.03.2022), when the matter is taken up for hearing, the learned counsel appearing for the petitioners/appellants submitted that as per the earlier order of this Court, a sum of Rs.7,00,000/- has been deposited to the credit of O.S.No.48 of 2012, on the file of the Additional District Court, Fast Track Court, Theni on 23.12.2020 and he has also produced a memo along with the copy of the challan to that effect.

4.By recording the memo so filed by the petitioners/appellants, this petition is allowed.

sd/- 22/03/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE ADDITIONAL DISTRICT JUDGE, FAST TRACK COURT, THENI.

+1 CC to M/s.R.SUBRAMANIAN, Advocate ( SR-2344[I] dated 23/03/2022 )

ORDER

IN CMP(MD) No.2516 of 2020 IN AS(MD) No.73 of 2020 Date :22/03/2022 RS/VR/SAR.1 (07.04.2022) 2P-3C https://hcservices.ecourts.gov.in/hcservices/ 2/2