Madras High CourtCMP(MD)/3983/2018stay made absolute

C.Muthumalaichamy v. Muthupetchi

2022-04-01Honourable Ms Justice R.N.Manjula2 pages

CMP(MD) No.3983 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the First day of April Two Thousand and Twenty Two PRESENT The Hon`ble Ms.Justice R.N.MANJULA CMP(MD) No.3983 of 2018 IN AS(MD) No.69 of 2018 C.MUTHUMALAICHAMY ... PETITIONER/APPELLANT/DEFENDANT No.1 Vs 1 MUTHUPETCHI 2 K.RAMALAKSHMI ... RESPONDENTS/PLAINTIFFS 3 J.SASIKALA 4 M.LAXMI 5 C.PUSHPAM 6 M.SHYAMALA ... RESPONDENTS/RESPONDENTS/ DEFENDANTS No.2 TO 5 Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to order of stay of all further proceedings in execution of the decree passed in Original Suit No.159 of 2012 on the file of the VI Additional District Court, Madurai pending disposal of the Appeal suit filed by the Petitioner/Appellant before this Honourable Court. PRAYER IN AS(MD) No.69 of 2018:

Pleased to set aside the judgment and Decree dated 30.08.2017 passed in O.S.No.159 of 2012 on the file of the VI Additional District Court, Madurai.

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.M.RAMASUBRAMANIAN, Advocate for the petitioner and of and none appeared either in person or by an Advocate on behalf of the respondentS 1 TO 6, the Court made the following order:- https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMP(MD) No.3983 of 2018 The order of interim stay has already been granted in this matter for staying the passing of final decree alone by permitting the other proceedings to progress. Since the appeal itself is riped for final hearing, the interim order already granted can be made absolute. Hence, the interim order already granted is made absolute on the same condition that the passing of final decree alone is stayed and the other proceedings in final decree shall go on.

2. Thus, this petition is closed.

sd/- 01/04/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE VI ADDITIONAL DISTRICT JUDGE, MADURAI

ORDER

IN CMP(MD) No.3983 of 2018 IN AS(MD) No.69 of 2018 Date :01/04/2022 SS/PN/SAR:II/19.04.2022 : 2P/2C https://hcservices.ecourts.gov.in/hcservices/ 2/2