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Madras High CourtCMP(MD)/6667/2020dismissed

Kalliammal, v. Chinnammal,

2021-01-05Honourable Mr Justice R. Subramanian2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Fifth day of January Two Thousand and Twenty One PRESENT The Hon'ble Mr.Justice R.SUBRAMANIAN CMP(MD) No.6667 of 2020 IN SA(MD) No.632 of 2020 KALLIAMMAL ... PETITIONER/APPELLANT Vs 1 CHINNAMMAL 2 MUNIAPPAN 3 THE DISTRICT COLLECTOR, DINDIGUL TALUK, DINDIGUL DISTRICT.

4 THE THASILDHAR, VEDASUNTHUR TALUK, DINDIGUL 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 Stay the operation of the Judgment and Decree dated 12.03.2020 made in A.S.No.11 of 2019 on the file of the Subordinate Court, Vedasunthur confirming the Judgment and Decree dated 27.06.2018 made in O.S.No.158 of 2010 on the file of the Additional District Munisif Cum Judicial Magistrate, Vedasunthur, pending disposal of the Second Appeal.

Prayer in SA(MD)No.632/2020 :

To set aside Judgment and Decree dated 12.03.2020 made in A.S.No.11 of 2019 on the file of the Subordinate Court, Vedasunthur confirming the Judgment and Decree dated 27.06.2018 made in O.S.No.158 of 2010 on the file of the Additional District Munisif Cum Judicial Magistrate, Vedasunthur and allow 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 M/S.R.RAMADURAI, Advocate for the petitioner, while admitting the Second Appeal, the Court made the following order:- https://hcservices.ecourts.gov.in/hcservices/ Since the decree is a declaratory decree, there cannot be a

stay of further proceedings pursuant to the said decree. Hence, this petition dismissed as misconceived.

sd/- 05/01/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE SUBORDINATE JUDGE, VEDASUNTHUR.

2. THE ADDITIONAL DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, VEDASUNTHUR.

ORDER

IN CMP(MD) No.6667 of 2020 IN SA(MD) No.632 of 2020 Date :05/01/2021 CMR TE/KV/SAR-I : 08/01/2021 : 2P/3C https://hcservices.ecourts.gov.in/hcservices/