Madras High CourtCMP(MD)/6297/2021allowed

V.Joseph Panneerselvam v. Anansi

2022-04-19Honourable Ms Justice R.N.Manjula2 pages

C.M.P(MD)No.6297 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Thirteenth day of July Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice P.VELMURUGAN C.M.P(MD)No.6297 of 2021 and A.S.(MD)No.187 of 2021 V.JOSEPH PANNEERSELVAM ... PETITIONER/APPELLANT Vs ANANSI ... RESPONDENT/RESPONDENT Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to set aside Decree and judgment made in OS No.35 of 2008 on the file of 2nd Additional District Judge, Trichy, dated 31.01.2020, by allowing this first appeal.

PRAYER IN AS(MD) No.187 of 2021:

To set aside Decree and Judgment made in OS No.35 of 2008 on the file of the 2nd Additional District Judge, Trichy, dated on 31.01.2020 by allowing this first 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.SUNDAR, Advocate for the petitioner and of M/S.A.ARUN PRASAD, Advocate on behalf of the Respondent the court made the following order:- When the matter is taken up for hearing on 13.07.2022, at the request of the learned counsel for the appellant, the matter was adjourned to 13.07.2022 and it is also made clear that no further adjournment will be granted. Despite the same, today, the learned counsel for the appellant seeks time. Further, he got an interim order and taking advantage and enjoying the benefit of the interim order, the appellant is not proceeding with the appeal. Therefore, this Court is not inclined to extend the interim order already granted by this Court dated 17.08.2021 and hence, the interim order shall stand vacated.

2. Registry is directed to send the communication to the learned II Additional District Court, Trichy with regard to the https://www.mhc.tn.gov.in/judis 1/2

C.M.P(MD)No.6297 of 2021 fact that interim order, dated 17.08.2021 is vacated and to proceed the execution in accordance with law without waiting for the result of the appeal. The learned II Additional District Judge, Trichy, is directed to send the action taken report to this Court within one month.

3. List the matter on 04.08.2022 and no further adjournment will be given.

sd/- 13/07/2022 / TRUE COPY / /07/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE II ADDITIONAL DISTRICT JUDGE, TRICHY.

COPY TO 1.THE REGISTRAR(JUDICIAL), MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

2.THE SUB ASSISTANT REGISTRAR(AE), MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

3.THE SECTION OFFICER, JUDICIAL SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. C.C. to M/S.R.SUNDAR Advocate SR.No.7040

ORDER

IN C.M.P(MD)No.6297 of 2021 and A.S.(MD)No.187 of 2021 Date :13/07/2022 RK/JM/SAR-I/15.07.2022 2P/6C https://www.mhc.tn.gov.in/judis 2/2