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Madras High CourtCMP(MD)/7624/2021dismissed

P.Pandeeswari, v. R.Prema,

2022-03-25Honourable Ms Justice R.N.Manjula2 pages

CMP(MD) No.7624 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Twenty Fifth day of March Two Thousand and Twenty Two PRESENT The Hon`ble Ms.Justice R.N.MANJULA CMP(MD) No.7624 of 2021 IN AS(MD) No.234 of 2021 P.PANDEESWARI ... PETITIONER/APPELLANT Vs R.PREMA ... RESPONDENT/RESPONDENT Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to pass an order of interim stay of all further proceedings of the judgment and decree dated 25.02.2021 made in O.S.No. 32 of 2016 passed by the Session Judge/Fast Track Mahila Judge, Dindigul pending disposal of the Appeal Suit.

Prayer in AS(MD). 234 of 2021 :

To set aside the Judgment and Decree made in O.S.No. 32 of 2016 dated 25.02.2021 on the file of the Fast Track Mahila Court, Dindigul by allowing this 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.M.C.SWAMY, Advocate for the petitioner and of MR.R.SURIYANARAYANAN, Advocate on behalf of the Respondent, the court made the following order:- The defendant is the appellant. He has filed this petition to stay the operation of the judgment and decree dated 25.02.2021 made in O.S.No.32 of 2016, on the file of the learned Sessions Court, Fast Track Mahila Court, Dindigul.

2.This Court on 30.09.2021 passed the following order:- "The defendant is the appellant. The suit is based on a pro-note. The suit has been decreed. The learned counsel for the appellant states that the appellant is not liable to make any payment to the plaintiff. He has seriously questioned the very genuineness of the pro-note. Since he has arguable points in the appeal, there shall be an order of interim stay on the condition to deposit a sum of Rs.3.00 Lakhs to the credit of O.S.No.32 of 2016 on the https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMP(MD) No.7624 of 2021 file of the Sessions Judge/Fast Track Mahila Judge, Dindigul within a period of eight weeks from the date of receipt of a copy of this order."

3.In compliance thereof, the petitioner/appellant has not deposited the said sum of Rs.3,00,000/-, as directed. 4.Hence, the interim stay already granted is vacated and this civil miscellaneous petition is dismissed.

sd/- 25/03/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE SESSION JUDGE FAST TRACK MAHILA COURT, DINDIGUL.

ORDER

IN CMP(MD) No.7624 of 2021 IN AS(MD) No.234 of 2021 Date :25/03/2022 RS/PN/SAR.4(31.03.2022) 2P-2C https://hcservices.ecourts.gov.in/hcservices/ 2/2