Madras High CourtCMP(MD)/4114/2019closed

V.T.Narayanasamy v. R.Latha

2022-03-21Honourable Ms Justice R.N.Manjula3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Twenty First day of March Two Thousand and Twenty Two PRESENT The Hon`ble Ms.Justice R.N.MANJULA CMP(MD) No.4114, 4115 of 2019 & 265 of 2022 IN AS(MD) No.74 of 2019 V.T.NARAYANASAMY ... PETITIONER/APPELLANT IN CMP(MD) Nos.4114, 4115/2019 S.ATCHAYA ... PETITIONER/PROPOSED 25TH RESPONDENT LRS OF THE DECEASED 2ND RESPONDENT IN CMP(MD) No.265/2022 Vs 1 R.LATHA ... RESPONDENT/RESPONDENT IN CMP(MD) Nos.4114, 4115/2019 1 V.T.NARAYANASAMY ... 1ST RESPONDENT/APPELLANT IN CMP(MD) No.265/2022 LATHA (DIED) ... 1ST RESPONDENT IN AS IN CMP(MD) No.265/2022 2 K.POORNIMA 3 MINOR K.OOVIYA (BEING MINOR REP.BY HER NATURAL GUADIAN & MOTHER/2ND RESPONDENT) 4 R.MYTHILI 5 T.RATHNA 6 T.PREMA PONMANI 7 T.ASHOK 8 MINOR A.SAI RAGHAV (MINOR REP.BY HIS NATURAL GUARDIAN & FATHER ASHOK) 9 M.SELVARANI 10 M.CHELLA BALAJIKUMAR 11 M.RAJALAKSHMI 12 M.NAGAJOTHI 13 M.KARTHIKA DEVI 14 C.JAISANKAR 15 S.JAYALALITHA 16 S.NAGARJUN 1/3

17 S.VIJAYAKUMAR 18 S.VIJAYALAKSHMI 19 G.BASKARAN 20 V.MUTHURAMALINGAM 21 I.SAIVIJAY KUMARAVEL 22 C.SAKTHIVEL 23 S.SORUBARANI 24 R.JHANSIRANI ... RESPONDENTS/RESPONDENTS IN CMP(MD) Nos.4114, 4115/2019 ... RESPONDENTS 2 TO 24/RESPONDENTS 2 TO 24 IN CMP(MD) No.265/2022 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 all further proceedings pursuant to the judgment and preliminary decree passed in OS No.12 of 2017 dated 03.11.2018 on the file of learned Additional District Court (Fast Track) Theni pending disposal of the present First Appeal. Prayer in CMP(MD). 4115/ 2019 :

To grant an order of INTERIM INUNCTION restraining the Plaintiff/1st respondent from in any manner alienaing or creating encumbrances over the plaint schedule property in OS No.12 of 2017 on the file of the Additional District (Fast Track) Court, Theni pending disposal of the above appeal.

Prayer in CMP(MD) No.265/2022 :

To bring on record the petitioner as the LR of the deceased 1st respondent namely Latha as 25th respondent in the above appeal. Prayer in AS(MD) No.74/2019 :

To set aside the judgment and preliminary decree dated 03.11.2018 made in O.S.12/2017 on the file of learned Additional District Judge (Fast Track), Theni and to allow the First 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.C.JEGANATHAN, Advocate for M/S.VEERA ASSOCIATES for the petitioner in CMP(MD)Nos.4114, 4115/2019 and for 1st Respondent in CMP(MD) No.265/2022 and MR.R.SURIYANARAYANAN, Advocate for the petitioner in CMP(MD) No.265/2022 and of MR.K.SURESH, Advocate for the Respondent Nos.2 to 4 in all petitions and of MR.S.MARIAPPA MURALI, Advocate for the 20th Respondent in all petitions and of MR.N.VALLINAYAGAM, Advocate for the Respondent Nos.9 to 14 in all petitions and of MR.M.RAJESH, Advocate for the 23rd Respondent and none appeared either in person or by an advocate for the Respondent Nos.5,6,15 to 19,21,24 the court made the following order:- 2/3

Since the appeal itself is dismissed as withdrawn, these petitions have become infructuous.

Hence, these Civil Miscellaneous Petitions are closed. sd/- 21/03/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE ADDITIONAL DISTRICT JUDGE (FAST TRACK), THENI.

+1 CC to MR.S.MARIAPPA MURALI, Advocate (SR.No.13146[F] dated 21.03.2022) ORDER IN CMP(MD) No.4114, 4115 of 2019 & 265 of 2022 IN AS(MD) No.74 of 2019 Date :21/03/2022 RS/PN/SAR.1 (18.04.2022) 3P-3C 3/3