Madras High CourtCMP(MD)/3692/2018closed

T.M.Arasu Pillai, v. S.Parimanam,

2022-02-22Honourable Mrs Justice R. Tharani3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Twenty Second day of February Two Thousand and Twenty Two PRESENT The Hon`ble Mrs.Justice R.THARANI IN SA(MD) No.135 & 136 of 2018 (*)1.T.M.ARASU PILLAI(DIED) ... PETITIONER/APPELLANT 2.VISHNUPRITHA D/O.LATE SANKAR 3.MINOR HARIPRANAV S/O.LATE SANKAR REP BY HIS MOTHER AND NATURAL GUARDIAN PREMALATHA ... PETITIONER IN BOTH THE PETITIONS (*)AA 2 AND 3 BROUGHT ON RECORD AS LRS OF DECEASED SOLE APPELLANT VIDE COURT ORDER DATED 17.02.2020 MADE IN CMP(MD)NO.1508, 1509, 1496/2020 IN SA(MD)135/2018 BY RSMJ.

(*)AA 2 AND 3 BROUGHT ON RECORD AS LRS OF DECEASED SOLE APPELLANT VIDE COURT ORDER DATED 17.02.2020 MADE IN CMP(MD)NO.1460,1465,1463/2020 IN SA (MD)136/2018 BY RSMJ.

1. S.PARIMANAM

2. S.RAJENDRAN

3. S.JANAKI (*)4.A.KRISHNASAMY PILLAI (DIED)

5. J.RADHA

6. JAYABUVANESWARI

7. MINOR SARANYA DEVI (REP BY MOTHER GUARDIAN J.RADHA -R5)

8. INDRA

9. ARUMUGAM @ RAJA 10.BANU 11.PUNITHA 12.RAJESWARI ... RESPONDENTS/RESPONDENTS IN CMP(MD) No.3692/2018 1/3

(*)RESPONDENTS 8 TO 12 ARE BROUGHT ON RECORD AS LRS OF THE DECEASED 4th RESPONDENT VIDE COURT ORDER DATED 21.12.2021 MADE IN CMP(MD) NOS.6810 TO 6812/2018 IN SA(MD) NO.135/2018 BY VBSJ.

1. JANARTHANAN

2. G.DURAIRAJ

3. ANBU SELVI ... RESPONDENTS/RESPONDENTS IN CMP(MD) No.3693/2018 PRAYER IN CMP(MD) No.3692 of 2018 IN SA(MD) No.135 of 2018 : Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to grant an order of interim stay of the judgment and decree dated 30.9.2008 made in OS 599 of 1997 on file of III Additional District Munsif, Tiruchirappalli as reversed by the judgement and decree dated 8.3.2017 made in AS 145 of 2009 on file of the Principal District Judge, Tiruchirappalli pending disposal of the second appeal.

PRAYER IN CMP(MD) No.3693 of 2018 IN SA(MD) No.136 of 2018 : Pleased to grant an order of interim injunction restraining the respondents herein from interfering with my peaceful possession and enjoyment of the schedule property pending disposal of the second appeal.

PRAYER SA(MD) No.135 of 2018 :

Pleased to set aside the judgment and decree dated 08.03.2017 made in AS No.145 of 2009 on the file of the Principal District Judge, Tiruchirappalli reversing the judgement and decree dated 30.09.2008 made in OS.599 of 1997 on file of III Additional District Munsif, Tiruchirappalli.

PRAYER SA(MD) No.136 of 2018 :

Pleased to set aside the judgment and decree dated 08.03.2017 made in AS No.184 of 2009 on the file of the Principal District Judge, Tiruchirappalli reversing the judgement and decree dated 30.09.2008 made in OS.410 of 2003 on file of III Additional District Munsif, Tiruchirappalli.

ORDER : These petitions coming up for orders on this day, upon perusing the petitions and the affidavits filed in support thereof and upon hearing the arguments of M/S.K.PRABHAKAR, Advocate for the petitioners in both the petitions, the court made the following order:- 2/3

The matter to be decided in CMP(MD) No.3692 & 3693/2018 and in the Second Appeal are the same.

Hence, CMP(MD) Nos.3692 and 3693 of 2018 are closed. sd/- 22/02/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

1. THE PRINCIPAL DISTRICT JUDGE, TIRUCHIRAPPALLI.

2. THE III ADDITIONAL DISTRICT MUNSIF, TIRUCHIRAPPALLI.

ORDER IN IN SA(MD) No.135 & 136 of 2018 Date :22/02/2022 USK/JM/SAR-IV/28.02.2022/3P/3C 3/3