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Madras High CourtCMP(MD)/6293/2020dismissed

Lakshmiammal v. Sethuramayee

2021-03-04Honourable Mr Justice R. Subramanian2 pages

CMP(MD) No.6293 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Fourth day of March Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice R.SUBRAMANIAN CMP(MD) No.6293 of 2020 IN SA(MD) No.588 of 2020 1 LAKSHMIAMMAL 2 VELUMANI 3 VEERAMANI @ SUMATHI 4 RAMESHWARI 5 MUTHUMEENA 6 KRISHNAVENI ... PETITIONERS/APPELLANTS Vs 1 SETHURAMAYEE 2 THE THASILDAR, THASILDAR OFFICE, BODI TALUK, THENI DISTRICT.

3 THE STATE OF TAMIL NADU, REP THROUGH ITS THE DISTRICT COLLECTOR, COLLECTORATE, BODI TALUK, THENI DISTRICT. ... RESPONDENTS/RESPONDENTS 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 operation of the judgment and decree dated 21.07.2020 passed in A.S.No.2 of 2017 on the file of Sub-Court, Theni reversing the Judgment and decree dated 20.04.2016 in O.S. No. 57 of 2012 on the file of District Munsif Cum Judicial Magistrate Court, Bodinayakanur by allowing this Second Appeal. Prayer in SA(MD) No.588 of 2020:

Second Appeal filed against the Judgment and Decree dated 21.07.2020 passed in A.S.No.2 of 2017 on the file of the Sub Court, Theni reversing the Judgment and Decree dated 20.04.2016 passed in O.S.No.57 of 2012 on the file of the District Munsif Cum Judicial Magistrate Court,Bodinayakanur on the following among other grounds. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMP(MD) No.6293 of 2020 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, Advocate for the petitioners, the Court made the following order:- The decree challenged is one granting a declaration that the respondent is the sole heir of her parents. There cannot be stay of such declaratory decree. Hence, this petition is dismissed. sd/- 04/03/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE SUBORDINATE JUDGE, THENI.

2. THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, BODINAYAKANUR.

ORDER

IN CMP(MD) No.6293 of 2020 IN SA(MD) No.588 of 2020 Date :04/03/2021 TRP MS/VR/SAR-3/10.03.2021/2P.3C https://hcservices.ecourts.gov.in/hcservices/ 2/2