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Madras High CourtCMP(MD)/8178/2022ordered

Ganesan, v. A.T. Sambandam,

2022-09-13Honourable Mr Justice K.Murali Shankar2 pages

CMP(MD).No.8178 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Thirteenth day of September Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR CMP(MD).No.8178 of 2022 in AS(MD).No.169 of 2018 1 GANESAN, 2 MURUGAN, ... PETITIONERS / APPELLANTS Vs A.T.SAMBANDAM, ... RESPONDENT / RESPONDENT Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to Stay all further proceedings of the execution petition in E.P. No. 23 of 2017 in O.S. No. 59 of 2013, on the file of the Learned District Judge, Sivagangai.

PRAYER IN AS(MD).No.169 of 2018:

To allow this First Appeal and set aside the Judgment and decree passed by the Learned District Judge, Sivagangai on 22.11.2016 in O.S.No.59 of 2013 and dismiss the suit. 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.N.ANANTHA PADMANABHAN, Advocate for M/S.V.BASKARAN, Advocate for the petitioner and of MR.J.JEYAKUMARAN, Advocate on behalf of the Respondent, the court made the following order:- This Civil Miscellaneous Petition has been filed to stay all further proceedings of the execution petition in E.P.No.23 of 2017 in O.S.No.59 of 2013 on the file of the learned District Judge, Sivagangai.

2. When the matter is taken up for hearing today, the learned counsel for the petitioner would submit that the petitioner is ready to pay a sum of Rs.5,97,333/- and he is having a Demand Draft (DD) for the said amount.

https://www.mhc.tn.gov.in/judis 1/2

CMP(MD).No.8178 of 2022

3. The learned counsel for the respondent would submit that the Court auction said to be scheduled tomorrow and that the petitioner has to pay a sum of Rs.19,11,499/-.

4. The learned counsel for the petitioner would submit that the petitioner is ready to deposit the remaining amount within a period of four weeks, for which, the learned counsel for the respondent would submit that the petitioner may be directed to deposit the amount within a time to be stipulated by this Court.

5. Considering the above, the petitioner is directed to deposit a sum of Rs.5,97,333/- (Rupees Five Lakhs Ninety Seven Thousand Three Hundred and Thirty Three only) and also directed to deposit the remaining amount within a period of four weeks from today.

6. The Executing Court is directed not to proceed further. sd/- 13/09/2022 / TRUE COPY / /09/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE DISTRICT JUDGE, SIVAGANGAI.

+1. C.C. to M/S.V.BASKARAN, Advocate SR.No.9923.

ORDER

IN CMP(MD).No.8178 of 2022 in AS(MD).No.169 of 2018 Date :13/09/2022 MK/SBN/SAR.I/13.09.2022/2P/3C https://www.mhc.tn.gov.in/judis 2/2