Madras High CourtCMP(MD)/5812/2020allowed

Rathinam Nadar, v. Pushpam,

2021-02-01Honourable Mr Justice R. Subramanian2 pages

CMP(MD) No.5812 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the First day of February Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice R.SUBRAMANIAN CMP(MD) No.5812 of 2020 IN SA(MD) No.527 of 2020 RATHINAM NADAR ... PETITIONER/APPELLANT Vs 1 PUSHPAM 2 THAYAMMAL 3 JOSEPH ANNATHAYAMMAL (DIED) 4 JEBAKANI NADAR 5 SIVASAMPATH ... RESPONDENTS/RESPONDENTS PRAYER IN CMP(MD) No.5812 of 2020:

To pass an order in Interim Stay of operation of the Judgment and Decree dated 04.09.2020 passed in A.S.No.3 of 2018 before Principal Subordinate Judge, Tenkasi, reversing the Judgment and Decree dated 04.10.2017 passed in O.S.No.337 of 2012 on the file of Additional District Munsif Court, Tenkasi, pending disposal of the main Second Appeal, by allowing this Civil Miscellaneous Petition.

PRAYER IN SA(MD)No.527 of 2020:

To set aside the Judgment and Decree dated 04.09.2020 passed in A.S.No.3 of 2018 before Principal Subordinate Judge, Tenkasi, reversing the Judgment and Decree dated 04.10.2017 passed in O.S.No.337 of 2012 on the file of Additional District Munsif Court, Tenkasi by allowing this Second 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.MEENAKSHISUNDARAM for Mr.D.NALLATHAMBI, Advocate for the petitioner and of Mr.G.SRIDHARAN, Advocate on behalf of the Respondents 1 to 3, the Court made the following order:- The appeal is against the preliminary decree for partition. If final decree is passed pending the appeal, it may have effect in https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMP(MD) No.5812 of 2020 rendering the appeal infructuous. Hence, the stay already granted is modified and there shall be an order of stay of passing of final decree alone till the disposal of the appeal. The decree holder is at liberty to apply for future income.

2.Accordingly, this petition is disposed of.

sd/- 01/02/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE PRINCIPAL SUBORDINATE JUDGE, TENKASI 2.THE ADDITIONAL DISTRICT MUNSIF, TENKASI +1. C.C. to Mr.D.NALLATHAMBI, Advocate SR.No.636

ORDER

IN CMP(MD) No.5812 of 2020 IN SA(MD) No.527 of 2020 Date :01/02/2021 cmr PK/KV/SAR-I/04.02.2021 : 2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2