Madras High CourtCMP(MD)/2870/2023disposed of

D. Ayyavu, v. S.Balaradhakrishnan,

2023-06-19Honourable Mr Justice Abdul Quddhose2 pages

C.M.P.(MD).No.2870 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Nineteenth day of June Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice ABDUL QUDDHOSE CMP(MD) No.2870 of 2023 IN SA(MD) No.140 of 2023 1 D. AYYAVU 2 S. RAJU ... Petitioners / Appellants / Respondents / Defendants Vs S.BALARADHAKRISHNAN ... Respondent / Respondent / Appellant / 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 interim stay operation of the judgment and decree dated 11-07-2018 in A.S.No. 25/2011 on the file of the Principal District Judge, Karur and consequently restraining the plaintiff in any way interfering with peaceful possession of the plaint scheduled properties.

Prayer in SA(MD). 140/ 2023 :

Second Appeal filed under Section 100 of Civil Procedure Code, to set aside the judgment and decree dated 11-07-2018 in A.S.No. 25/2011 on the file of the Principal District Judge, Karur confirming the judgment and decree in O.S.No. 275 of 2008 dated 0706-2011 on the file of the Additional Subordinate Court, Karur and allow this 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.V.BALAJI, Advocate for the petitioner and of Mr.T.ANTONY ARUL RAJ, Advocate for the Respondent the court made the following order:- As directed by this Court on 09.03.2023 in C.M.P.(MD).No.2870 of 2023, the petitioners/appellants have deposited a sum of Rs.2,00,000/- on 29.03.2023 to the credit of E.P.No.265 of 2019 in O.S.No.275 of 2008. The E-challan for Rs.2,00,000/- has also been produced as proof by the learned counsel for the appellants. https://www.mhc.tn.gov.in/judis 1/2

C.M.P.(MD).No.2870 of 2023

2. Since the conditional order dated 09.03.2023 passed in C.M.P.(MD).No.2870 of 2023 has been duly complied with, the interim stay granted by this Court is made absolute and the Civil Miscellaneous Petition, namely, C.M.P.(MD).No.2870 of 2023 is disposed of accordingly.

sd/- 19/06/2023 / TRUE COPY / /06/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

LM TO 1.The Principal District Judge, Karur.

2.The Additional Subordinate Judge, Karur.

+1 CC to M/s.V.BALAJI, Advocate ( SR-9091[I] dated 20/06/2023 )

ORDER

IN CMP(MD) No.2870 of 2023 IN SA(MD) No.140 of 2023 Date :19/06/2023 RK/CG/SAR- (27/06/2023) 2P/4C https://www.mhc.tn.gov.in/judis 2/2