Devakumaran v. A.S. Maniyan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Twenty Sixth day of June Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice K.RAVICHANDRABAABU and The Hon`ble Mrs.Justice T.KRISHNAVALLI CMP(MD) No.4442 of 2018 IN AS(MD) No.81 of 2018 DEVAKUMARAN ... PETITIONER/ PETITIONER Vs 1A.S.MANIYAN ... RESPONDENT/ RESPONDENT Petition 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 made in O.S.No.11 of 2008 on the file of III Additional District Judge, Tirunelveli. ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.S.RAJASEKAR, Advocate for the petitioner and of Mr.V.

MEENAKSHISUNDARAM, Advocate for Mr.D.NALLATHAMBI, Advocate for Caveator on behalf of the Respondent, the court made the following order:- This stay petition is filed seeking stay of the judgment and decree passed by the court below in O.S.No.11 of 2008 in dismissing the suit for specific performance.

In our considered view, the stay petition is not maintainable. When the suit filed by the appellant is dismissed by the Trial Court.

Therefore, the stay petition is dismissed as not maintainable. sd/- 26/06/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO THE III ADDITIONAL DISTRICT JUDGE, TIRUNELVELI.

ORDER

IN CMP(MD) No.4442 of 2018 IN AS(MD) No.81 of 2018 Date :26/06/2018 MS/PN/RNB/02.07.2018/2P.2C https://hcservices.ecourts.gov.in/hcservices/