V.Shanmugalakshmi v. K.Gurusamy
CMP(MD) No.7310 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Twenty Ninth day of March Two Thousand and Twenty Two PRESENT The Hon`ble Ms.Justice R.N.MANJULA CMP(MD) No.7310 of 2020 IN AS(MD) No.207 of 2020 V.SHANMUGALAKSHMI ... APPELLANT/DEFENDANT Vs K.GURUSAMY ... RESPONDENT/PLAINTIFF 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 an Interim Stay of all further proceedings of the Judgment and Decree dated 10.02.2020 made in OS No.10 of 2018 on the file of the Principal District Court, Tirunelveli, pending disposal of the above appeal.
Prayer in AS(MD). 207/2020 :
Pleased to set aside the Judgment and Decree dated 10.02.2020 made in OS No.10 of 2018 on the file of the Principal District Court, Tirunelveli 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 M/S.D.SENTHIL, Advocate for the petitioner and of MR.F.X.EUGENE, Advocate on behalf of the Respondent, the court made the following order:- This petition has been filed to stay all the proceedings in pursuant to the judgment and decree dated 10.02.2020. 2.The suit has been filed by the respondent for the relief of specific performance and it has been decreed. It is stated that execution proceedings are pending. If the sale deed is executed in the execution proceedings, that would defeat the interest of the appellant and it may make the appeal itself infructuous. https://hcservices.ecourts.gov.in/hcservices/ 1/2
CMP(MD) No.7310 of 2020 3.Considering the same, this petition is allowed and interim stay is granted till the disposal of the appeal. sd/- 29/03/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO THE PRINCIPAL DISTRICT JUDGE, TIRUNELVELI.
ORDER
IN CMP(MD) No.7310 of 2020 IN AS(MD) No.207 of 2020 Date :29/03/2022 ias USK/VR/SAR-III/01.04.2022/2P/2C https://hcservices.ecourts.gov.in/hcservices/ 2/2