Madras High CourtCMP(MD)/2992/2020allowed

Durai v. Thulasi Ammal

2021-02-02Honourable Mr Justice R. Subramanian2 pages

CMP(MD) No.2992 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Second day of February Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice R.SUBRAMANIAN CMP(MD) No.2992 of 2020 IN SA(MD) No.226 of 2020 DURAI ... APPELLANT/APPELLANT/DEFENDANT Vs THULASI AMMAL ... RESPONDENT/RESPONDENT/PLAINTIFF 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 16.12.2019 passed in A.S.No.23 of 2019 on the file of the Principal Subordinate Court, Tenkasi, confirming the Judgment and decree dated 07.12.2018 passed in O.S.No.533 of 2015 on the file of The Additional District Munsif, Tenkasi, pending disposal of the second Appeal.

Prayer in SA(MD). 226/ 2020 :

Pleased to set aside the Judgment and decree dated 16.12.2019 passed in A.S.No.23 of 2019 on the file of the Principal Subordinate Court, Tenkasi, confirming the Judgment and decree dated 07.12.2018 passed in O.S.No.533 of 2015 on the file of The Additional District Munsif, Tenkasi, and to allow the Second 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 Mr.T.LAJAPATHI ROY, Advocate for the petitioner and the Respondent not appeared either in person or by an https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMP(MD) No.2992 of 2020 Advocate, the Court made the following order:- Despite service, the respondent is not appearing. Considering the fact that the Decree is one for recovery of possession, there will be an order of interim stay for execution of the Decree, till disposal of the appeal.

Stay petition is allowed.

sd/- 02/02/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE PRINCIPAL SUBORDINATE JUDGE, TENKASI.

2.THE ADDITIONAL DISTRICT MUNSIF, TENKASI +1 CC to Mr.T.LAJAPATHI ROY, Advocate ( SR-660[I] dated 03/02/2021 )

ORDER

IN CMP(MD) No.2992 of 2020 IN SA(MD) No.226 of 2020 Date :02/02/2021 vrn AE/JC/SAR-I (05/02/2021) 2P / 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2