Madras High CourtCMP(MD)/7494/2020allowed

Amutha v. Pitchai,

2021-02-23Honourable Mr Justice R. Subramanian2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Twenty Third day of February Two Thousand and Twenty One PRESENT The Hon'ble Mr.Justice R.SUBRAMANIAN CMP(MD) No.7494 of 2020 IN SA(MD) No.727 of 2020 1 AMUTHA 2 KEERTHANA 3 GOWTHAM ... PETITIONERS/APPELLANTS Vs 1 PITCHAI 2 VEERAMALAI 3 KAMATCHI RAJA @ RAJAGOPAL (DIED) ... RESPONDENTS/RESPONDENTS Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to an order of Stay all further proceedings made in O.S.No.61 of 2008 dated 18.01.2018 on the file of District Munsif Court, Kulithalai pursuant to the Judgment and Decree in A.S.No.21 of 2018 dated 13.02.2020 on the file of Sub Court, Kulithalai, pending disposal of the above Second Appeal.

Prayer in SA(MD). 727/ 2020 :

Second Appeal against the Judgment and Decree dated 13.02.2020 in A.S.No.21 of 2018 on the file of Subordinate Court, Kulithalai in confirming the Judgment and Decree dated 18.01.2018 made in O.S.No.61 of 2008 on the file of District Munsif Court, Kulithalai. 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.K.GOVINDARAJAN, Advocate for the petitioner and of Mr.G.SRIDHARAN, Advocate for the Respondents 1 and 2, the Court made the following order:- Mr.G.Sridharan, learned counsel appears for the respondents 1 &

2. The third respondent has been served in the Second Appeal. Hence, service is deemed complete.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

2.Since the decree is one for Mandatory Injunction, the stay granted on 08.01.2021 is made absolute and this Petition is allowed.

sd/- 23/02/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE SUBORDINATE JUDGE, KULITHALAI.

2 THE DISTRICT MUNSIF, KULITHALAI.

ORDER

IN CMP(MD) No.7494 of 2020 IN SA(MD) No.727 of 2020 Date :23/02/2021 VRN TE/VR/SAR-I : 26/02/2021 : 2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2