Madras High CourtCMP(MD)/177/2019disposed of

G.Aruldoss, v. Dhobilass,

2021-08-23Honourable Mr Justice G.R.Swaminathan2 pages

CMP(MD) No.177 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Twenty Third day of August Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CMP(MD) No.177 of 2019 IN AS(MD) No.3 of 2019 G.ARULDOSS ... PETITIONER/ APPELLANT /DEFENDANT Vs DHOBIDASS ... 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 grant an order of stay of operation of Judgment and Decree in O.S.No.57 of 2010 dated 31.10.2018 on the file of III Additional District Court, Thanjavur at Pattukottai pending AS(MD) No.3 of 2019.

PRAYER IN AS(MD) No.3 of 2019:

To set aside the Judgment and Decree dated 31.10.2018 passed in O.S.No.57 of 2010 on the file of the III Additional District Court, Thanjavur at Pattukottai and dismiss the suit with costs throughout.

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.S.MANOHAR, Advocate for the petitioner and of MR.C.PADMARAJ, Advocate for the respondent, the court made the following order:- The defendant is the appellant herein. This appeal arises out of a suit for specific performance. Interim stay was originally https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMP(MD) No.177 of 2019 granted. It has since expired. The learned counsel for the petitioner informs the Court that execution petition has been filed for enforcing the decree.

2.If interim stay is not extended, there will be nothing surviving in this appeal. Therefore, the interim stay already granted on 18.03.2019 shall continue till the disposal of the appeal.

3.This civil miscellaneous petition is disposed of accordingly. sd/- 23/08/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO III ADDITIONAL DISTRICT COURT, THANJAVUR AT PATTUKOTTAI.

+1cc to MR.S.MANOHAR, Advocate. SR NO:5661.

ORDER

IN CMP(MD) No.177 of 2019 IN AS(MD) No.3 of 2019 Date :23/08/2021 IAS MK/JC/SAR.III/24.08.2021/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2