Madras High CourtCMP(MD)/7054/2018stay made absolute

D.Vasantha v. Panchavarnam

2018-09-28Honourable Ms Justice R.N.Manjula2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Twenty Eighth day of September Two Thousand Eighteen PRESENT The Hon`ble Mrs Justice PUSHPA SATHYANARAYANA and The Hon`ble Mrs.Justice T.KRISHNAVALLI CMP(MD) No.7054 of 2018 IN AS(MD) No.136 of 2018 1 D.VASANTHA 2 D.KALPANA ... PETITIONERS/PLAINTIFFS Vs 1 PANCHAVARNAM 2 D.GOVINDARAJAN ... RESPONDENTS/DEFENDANTS Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to interim stay by staying the operation of the decree and judgment dt.27/07/2010 made in OS.No.37/2006 passed by the Honble Additional Dist.Court,(Fast Track Court),Periakulam pending disposal of this appeal.

Prayer in AS(MD). 136/ 2018 :

To allow this appeal by decreeing the suit as prayed for by these appellants/plaintiffs and by setting aside the findings in respect of the entire Item No.3 of A and B schedule suit properties of the decree and judgment dated 27/07/2010 made in OS.No.37/2006 on the file of the Additional District Judge Court (Fast Track Court) Periyakulam.

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.D.BALASUBRAMANIAN, Advocate for the petitioner and of Mr.K.CHELLADURAI for R1 the court made the following order:- (Order of the Court was made by PUSHPA SATHYANARAYANA,J) This petition has been filed to grant interim stay by staying the operation of the judgment and decree dated 27.07.2010 made in O.S.No.37 of 2006 on the file of the Additional District Court(Fast Track Court), Periakulam pending disposal of this appeal. https://hcservices.ecourts.gov.in/hcservices/ 2.The learned counsel appearing for the respondent has shown no

objection by not filing any counter-affidavit. 3.In view of the above, absolute stay is granted in respect of passing of final decree alone in O.S.No.37 of 2006 on the file of the Additional District Court(Fast Track Court), Periakulam. sd/- 28/09/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE ADDITIONAL DISTRICT JUDGE, (FAST TRACK COURT),PERIYAKULAM.

THENI DISTRICT.

PS/RR/SAR-1:05/10/2018:2P/2C

ORDER

IN CMP(MD) No.7054 of 2018 IN AS(MD) No.136 of 2018 Date :28/09/2018 https://hcservices.ecourts.gov.in/hcservices/