Madras High CourtCMP(MD)/2060/2020dismissed as infructuous

A.John (Died) (2) A.Bose, v. Devaraj @ Devairakkan (Died), (1) D.Sukirtha,

2020-03-04Honourable Mr Justice P. Velmurugan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Fourth day of March Two Thousand Twenty PRESENT The Hon`ble Mr.Justice P.VELMURUGAN CMP(MD) Nos.2060 to 2062 of 2020 IN CRP(MD) Nos.243 to 245 of 2019 CMP(MD)NO.2060 TO 2062 of 2020 in CRP(MD)Nos.243 TO 245 of 2019:- 1 A.JOHN (DIED) 2 A.BOSE 3 A.THAYALI VICTORIA 4 MELDA ALEXANDER 5 A.RAMESH PRABHU 6 A.CHRISTY CHITRA 7 A.DEEPA ILAVARASI 8 MICHAEL 9 NAVAMANI DEVI 10 EDWIN THOMAS 11 SAGAYA MERLIN 12 SASIKUMAR SUGATHIYA 13 ELIZABETH 14 RUTH DARATHY 15 EMERSON 16 PRISILLA ... PETITIONERS/RESPONDENTS/RESPONDENTS IN ALL PETITIONS (LRS of R1 in CMP(MD)Nos.21,24,26 of 2020 dated 31/01/2020) vs.

DEVARAJ @ DEVAIRAKKAM (DIED) 1.D.SUKIRTHA 2.D.VASANTHI 3.D.CHITHRA ... RESPONDENTS/PETITIONERS/PETITIONERS CMP(MD)NO.2060 of 2019 in CRP(MD)NO.243 of 2019 J.RATHI ... RESPONDENT/PETITIONER/PETITIONER CMP(MD)NO.2061 of 2019 in CRP(MD)NO.244 of 2019 1 SUGANTHI 2 ANDREWS 3 FATHIMA 4 BABY ... RESPONDENTS/PETITIONERS/PETITIONERS CMP(MD)NO.2062 of 2019 in CRP(MD)NO.245 of 2019 1/3

CMP(MD)NO.2060 of 2019 in CRP(MD)NO.243 of 2019: Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to vacate the stay granted by this Honourable Court dated 19.11.2019 in CMP(MD)No.1142 of 2019 in CRP(MD)No.243 of 2019 and thus render justice.

Prayer in CMP(MD)No. 1142/ 2019 IN CRP(MD).NO.243 of 2019 : Pleased to stay all further proceeding in RCOP No.1 of 2017 on the file of the District Munsif cum Judicial Magistrate, Kodaikanal, pending disposal of the above Civil Revision Petition and thus render justice.

PRAYER IN CRP(MD).NO.243 of 2019:- Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to strike off the petition in RCOP.No.1 of 2017 on the file of the District Munsif Cum Judicial Magistrate Court, Kodaikanal. CMP(MD)NO.2061 of 2020 in CRP(MD)NO.244 of 2019:- Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to vacate the stay granted by this Honourable Court dated 19.11.2019 in CMP(MD)No.1143 of 2019 in CRP(MD)No.244 of 2019 and thus render justice.

Prayer in CMP(MD)No. 1143/ 2019 IN CRP(MD).NO.244 of 2019 : To stay all further proceeding in RCOP No.2 of 2017 on the file of the District Munsif cum Judicial Magistrate, Kodaikanal, pending disposal of the above Civil Revision Petition and thus render justice.

PRAYER IN CRP(MD).NO.244 of 2019:- Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to strike off the Eviction petition in RCOP.No.2 of 2017 on the file of the District Munsif Cum Judicial Magistrate Court, Kodaikanal. CMP(MD)NO.2062 of 2020 in CRP(MD)NO.245 of 2019:- Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to vacate the stay granted by this Honourable Court dated 19.11.2019 in CMP(MD)No.1144 of 2019 in CRP(MD)No.245 of 2019 and thus render justice.

Prayer in CMP(MD)No. 1144/ 2019 in CRP(MD).NO.245 of 2019 : Pleased to stay all further proceeding in RCOP No.3/2017 on the file of the District Munsif cum Judicial Magistrate, Kodaikanal, pending disposal of the above Civil Revision Petition and thus render justice.

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PRAYER IN CRP(MD).NO.245 of 2019:

Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to strike off the Eviction petition in RCOP.No.3 of 2017 on the file of the District Munsif Cum Judicial Magistrate Court, Kodaikanal. ORDER : These petitions coming on for orders upon perusing the petitions and the affidavits filed in support thereof and upon hearing the arguments of Mr.K.SUDALAIYANDI, Advocate for the petitioners in all petitions and of M/S.C.VAKEESWARAN, Advocate on behalf of the Respondents in all petitions the court made the following order:- When the matter is taken up for hearing today, the learned counsel for the petitioner stated that by an order dated 19.11.2019 this Court had already granted an order of interim stay and the same has not been extended further.

2. Since the interim stay has not been extended further, the petitions have become infructuous. Hence, these petitions are dismissed as infructuous.

sd/- 04/03/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE DISTRICT MUNSIF CUM JUDICIAL MAGISRATE, KODAIKANAL.

ORDER

IN CMP(MD) Nos.2060 to 2062 of 2020 IN CRP(MD) Nos.243 to 245 of 2019 Date :04/03/2020 Ns AE/JC/SAR-III (06.03.2020) 2P 2C 3/3