Madras High CourtCMP(MD)/6745/2018closed

C.Mathiyazhagan, v. C.Natarajan

2018-11-09Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Ninth day of November Two Thousand Eighteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.6745 of 2018 and CMA(MD) No.54 of 2018 C.MATHIYAZHAGAN ... PETITIONER/PETITIONER/RESPONDENT IN CMP(MD)No.6745/2018 ... RESPONDENT/PETITIONER IN CMA(MD)No.54 of 2018 Vs C.NATARAJAN ... RESPONDENT/PETITIONER/APPELLANT IN CMP(MD)No.6745/2018 ... APPELLANT/RESPONDNENT IN CMA(MD)No.54 of 2018 PRAYER IN CMP(MD)No.6745/2018:

Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to pass an order of vacate stay passed in CMP(MD)No.832/2018 in CMA. (MD)No.54/2018 dated 21.02.2018 and thus render justice. Prayer in CMA(MD).54/2018 :

To allow the Civil Miscellaneous Appeal and set aside the Order in Pro.O.P.No.17 of 2015 dated 12/10/2017 on the file of the Principal District Judge, Pudukkottai and to set aside. ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.M.SAKUNDALA DEVI, Advocate for the petitionerIN CMP(MD)No.6745/2018 and of the Respondent in CMA(MD)No.54/2018 and of the Petitioner in CMA(MD)No.54/2018 and the Respondent in CMP(MD) No.6745/2018 are not appeared either in person or by an Advocate, the court made the following order:- Heard.

2. This petition has been filed by the petitioner seeking to vacate the stay order granted in C.M.P.(MD).No.832 of 2018 by this Court on 21.02.2018.

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3. It is seen from the record that by the order dated

21.02.2018, this Court has closed the said miscellaneous petition by making the interim order already granted absolute. If the petitioner is aggrieved, he has to approach the appropriate forum and he cannot file the vacate stay petition. The Registry also has mistakenly numbered this petition.

4. In view of the above, this petition is closed. sd/- 09/11/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE PRINCIPAL DISTRICT JUDGE, PUDUKKOTTAI

ORDER

IN CMP(MD) No.6745 of 2018 IN CMA(MD) No.54 of 2018 Date :09/11/2018 gcg PK/JC/SAR-4/15.11.2018 : 2P/2C https://hcservices.ecourts.gov.in/hcservices/