Madras High CourtCMP(MD)/3116/2022allowed

Y. Devasahayam, v. Rosammal,

2022-04-05Honourable Mr Justice Krishnan Ramasamy2 pages

C.M.P.(MD).No.3116 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Fifth day of April Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice KRISHNAN RAMASAMY C.M.P.(MD).No.3116 of 2022 in S.A.(MD).No.18 of 2020 Y.DEVASAHAYAM ... PETITIONER / APPELLANT Vs 1 ROSAMMAL 2 KANNAMMAL 3 MARIYENDRAN 4 MARIA ARULAPPAN 5 DHAS 6 JOHNROSE 7 JOSEPH RAJ 8 JOHN ALEXANDER 9 ROSEMARY 10 MERCY 11 THANKAM 12 ROBERT 13 ARULAYYE 14 ANANTHAKUMAR 15 SASI JEBIN JOSE 16 LALITHA BAI 17 ABIN 18 MINOR ABILA 19 MINOR ABISH (MINOR RESPONDENTS 18 & 19 ARE REPRESENTED BY THEIR MOTHER AND NEXT FRIEND 16th RESPONDENT HEREIN) 20 GEORGE ... RESPONDENTS / RESPONDENTS Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to extend the interim stay granted in C.M.P. (MD). No. 7948 of 2021 in S.A. (MD). No. 18 of 2020 dated 02.02.2022 pending disposal of the second appeal.

PRAYER IN S.A.(MD).No.18 of 2020:

To allow the second appeal by setting aside the judgment and decree passed in A.S.No.53/2013 dated 19.08.19 on the file of the Sub-Court, Kuzhithurai confirming the judgment and decree passed in O.S.No.29/2007 dated 26.06.13 on the file of the Principal District Munsif Court, Kuzhithurai.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

C.M.P.(MD).No.3116 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 MR.H.ARUMUGAM, Advocate for the petitioner and of MR.V.M.BALAMOHAN THAMPI, Advocate on behalf of the Respondents 2 to 12 and Mr.ANANTH C.RAJESH, Advocate for the Respondents 13,14,16 to 19, the court made the following order:- This application has been filed for extension of interim stay granted in C.M.P.(MD).No.7948 of 2021 in S.A.(MD).No.18 of 2020, dated 02.02.2022.

2. According to the learned counsel for the petitioner, originally interim stay was extended on 02.03.2022, but the Court record shows that it was not extended. Therefore, the petitioner has filed the present application for extension of interim stay.

3. Considering the fact that this Court has granted interim stay on 01.11.2021 and the same was extended periodically till 02.02.2022, this Court is of the view that the same would be extended. Accordingly, the application is allowed and the interim stay granted by this Court on 01.11.2021 is extended till 16.06.2022.

4. Post the Second Appeal on 16.06.2022.

sd/- 05/04/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE PRINCIPAL DISTRICT MUNSIF, KUZHITHURAI.

2.THE SUBORDINATE JUDGE, KUZHITHURAI.

+1. C.C. to MR.H.ARUMUGAM, Advocate SR.No.2957.

ORDER

IN CMP(MD) No.3116 of 2021 IN SA(MD) No.18 of 2020 Date :05/04/2022 akv PKP/JM/SAR.I/13.04.2022/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2