Madras High CourtCMP(MD)/7618/2018allowed

Dhanalakshmi v. S.Vadivel

2018-09-05Honourable Mr Justice N. Seshasayee2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Fifth day of September Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CMP(MD) No.7618 of 2018 IN CMSA(MD) No.24 of 2018 B.DHANALAKSHMI ... PETITIONER/APPELLANT Vs S.VADIVEL ... RESPONDENT/RESPONDENT Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to stay the operation of Fair and decreetal order dated 18.07.2017 passed in C.M.A.No.10 / 2017 on the file Honourable Additional District and Sessions Judge, Karur by reversing the Judgment and decree dated 27.08.2015 in H.M.O.P.No.7 / 2013 on the file of Principal Subordinate Judge, Karur till the disposal of the C.M.S.A and thus render justice.

ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mrs. S.VIJAYASHANTHI, Advocate for the petitioner , While admitting the CMSA, the court made the following order:- The appellant herein got married to the respondent on 02.09.2011. The respondent filed H.M.O.P.No.7 of 2013 before the Principal Sub Court, Karur seeking divorce on the ground of cruelty. The same was dismissed on 27.08.2015. Questioning the same, the respondent herein filed C.M.S.A.No.10 of 2017 before the Additional District Judge, Karur. The First Appellate Court allowed the appeal. https://hcservices.ecourts.gov.in/hcservices/ Questioning the same, this CMSA has been filed. This Court admitted the said CMSA since substantial questions of law had arisen for

consideration.

2. If interim stay is not granted, CMSA will become infructuous. Therefore, the balance of convenience is in favour the petitioner. Hence, there shall be an order of interim stay. Notice. sd/- 05/09/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, KARUR.

2.THE PRINCIPAL SUBORDINATE JUDGE, KARUR.

+1. C.C. to Mr. S.VIJAYASHANTHI Advocate SR.No.16916

ORDER

IN CMP(MD) No.7618 of 2018 IN CMSA(MD) No.24 of 2018 Date :05/09/2018 AE/JC/SAR4/04.10.2018/2P/4C https://hcservices.ecourts.gov.in/hcservices/