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Madras High CourtCMP(MD)/6183/2022ordered

V. Arulandu, v. Packiyam (Died), 1) Jeyamary,

2022-11-08Honourable Mr Justice K.Murali Shankar2 pages

CMP(MD) No.6183 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Eighth day of November Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR CMP(MD) No.6183 of 2022 IN AS(MD) No.156 of 2022 V.ARULANDU ... PETITIONER/APPELLANT Vs PACKIYAM (DIED) ... 1st PLAINTIFF 1 JEYAMAR 2 SARAVIAMMAL 3 DIVIYANANTHAM @ ANANTHAM 4 LAWRENCE AROCKIAMARY (DIED) ... 4th DEFENDANT 5 PANDI 6 KRISHNAMMAL 7 NAGARAJAN 8 MARIAMMAL 9 MUTHURAMALINGAM ... RESPONDENTS/RESPONDENTS Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to pass an order to stay the operation of the decree dated 30.11.2021 passed in O.S. No. 3 of 2013 on the file of Additional District Judge, Sivagangai pending disposal of the appeal. Prayer in AS(MD). 156/ 2022 :

To pass an order to set-aside the judgement and decree passed in O.S. No. 3/2013 on the file of Additional District Judge, Sivagangai dated 30.11.2021 and to dismiss the suit by allowing this Appeal.

https://www.mhc.tn.gov.in/judis 1/2

CMP(MD) No.6183 of 2022 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.S.MAHESH BABU, Advocate for the petitioner, the court made the following order:- The Appeal is directed against the preliminary decree for partition passed in O.S.No.3 of 2013, dated 30.11.2021, on the file of the Additional District Judge, Sivagangai. 2.Heard the learned counsel on either sides.

3.Considering the facts and circumstances of the case and also the nature of the relief granted in the suit for partition, there shall be stay of passing of final decree alone, pending disposal of the first appeal.

sd/- 08/11/2022 / TRUE COPY / /11/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE ADDITIONAL DISTRICT JUDGE, SIVAGANGAI.

+1. C.C. to M/S.S.MAHESH BABU Advocate SR.No.12601

ORDER

IN CMP(MD) No.6183 of 2022 IN AS(MD) No.156 of 2022 Date :08/11/2022 das SA/VR/SAR.4/11.11.2022/2P/3C https://www.mhc.tn.gov.in/judis 2/2