Madras High CourtCMP(MD)/12081/2016interim direction made absolute

V.Munisami (Died) v. Lakshmi,

2023-01-25Honourable Mr Justice S. Sounthar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Twenty Fifth day of January Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice S.SOUNTHAR IN SA(MD) Nos.761 & 762 of 2016 V.MUNISAMI (DIED) 1 SARASWATHY (DIED) 2 T.SETHURAMAN, 3 T.CHINNASAMI, 4 T.ARUNACHALAM, (DIED) (CAUSE TITLE ACCEPTED VIDE COURT ORDER DATED 25.11.2016 MADE IN CMP (MD).10943 & 11344/16 IN SA(MD).

SR.25448 & 25449/2016 BY SSSRJ) 5 P.PACKIAM, 6 P.ANNAPOORNAM, 7 N.MANIKANDAN, 8 NAGAMALLIKA, 9 R.AMUTHA, 10 INDIRA, 11 SURIYA, 12 SANTHI, 13 PAULPANDIAN, 14 DURAIPANDIAN, 15 MUTHUPANDI, 1/5

16 BHUVANESHWARI ... PETITIONERS/APPELLANTS IN BOTH PETITIONS 8th PETITIONER, WHO IS ALREADY ON RECORD, IS RECORDED AS LR OF THE DECEASED 4th PETITIONER VIDE COURT ORDER DATED 25.01.2023 MADE IN CMP(MD).3590 & 6040/2022 IN SA(MD).761 & 762/2016.

(*)17 A.THANGARAJ, (*)18 A.RAMYA DEVI, ... RESPONDENTS 17 & 18 IN BOTH PETITIONS (*)PETITIONERS 17 AND 18 ARE BROUGHT ON RECORD AS LRS OF THE DECEASED 4th PETITIONER VIDE COURT ORDER DATED 25.01.2023 MADE IN CMP(MD).3590 & 6040/2022 IN SA(MD).761 & 762/2016.

(*)19 MUTHUMARI, (*)20 MANOHARAN, (*)21 RAVIKUMAR, ... RESPONDENTS 19 TO 21 IN BOTH PETITIONS (*)PETITIONERS 19 TO 21 ARE BROUGHT ON RECORD AS LRS OF THE DECEASED 1st PETITIONER VIDE COURT ORDER DATED 25.01.2023 MADE IN CMP(MD).10281,10283 & 10284 AND 10287,10288 & 10289/2022 IN SA (MD).761 AND 762/2016.

Vs 1 LAKSHMI, (DIED) 2 T.RAMALINGAM, 3 ARUNA DEVI, 4 VIMALA DEVI, 5 UMA DEVI, 6 MURUGANANTHAM, 2/5

7 P.SAKTHIVEL, 8 SUBBULAKSHMI, 9 NAGAMANI, 10 DHANALAKSHMI, 11 MANGALA MEENAKSHI 12 MUTHU VELAYUTHAM, 13 NATCHATITRA VENI, SILAMPAYEE AMMAL (DIED) 14 PITCHAI PANDIAN ... RESPONDENTS/RESPONDENTS IN CMP(MD).12081/2016 15 R.VALLIAMMAL 16 R.PADMAVATHI 17 S.PANDI ... RESPONDENTS 15 TO 17 IN CMP(MD).12081/2016 (RR15 TO 17 ARE BROUGHT ON RECORD AS LRS OF DECEASED 1st RESPONDENT VIDE COURT ORDER DATED 24.09.2020 MADE IN CMP(MD).912/2020 IN SA (MD).761/2016 BY NSSJ) 1 ARUNA DEVI, 2 VIMALA DEVI, 3 UMA DEVI, 4 MURUGANANTHAM, 5 P.SAKTHIVEL, 6 SUBBULAKSHMI, 7 NAGAMANI, 8 DHANALAKSHMI, 3/5

9 MANGALA MEENAKSHI 10 MUTHU VELAYUTHAM, 11 NATCHATITRA VENI, 12 LAKSHMI (DIED) 13 T.RAMALINGAM 14 PITCHAI PANDIAN ... RESPONDENTS/RESPONDENTS IN CMP(MD).12082/2016 15 R.VALLIAMMAL 16 R.PADMAVATHI 17 S.PANDI ... RESPONDENTS 15 TO 17 IN CMP(MD).12082/2016 (RR15 TO 17 ARE BROUGHT ON RECORD AS LRS OF DECEASED 12th RESPONDENT VIDE COURT ORDER DATED 24.09.2020 MADE IN CMP(MD).914/2020 IN SA (MD).762/2016 BY NSSJ) Prayer in CMP(MD). 12081/ 2016 :

Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to grant an Ad-Interim Stay of the judgment and decree dated 28.04.2016 made in A.S.No.1 of 2014 on the file of Sub - Court, Periyakulam, reversing the judgment and decree dated 25.10.2013 made in O.S.No.144 of 2011 on the file of District Munsif Court, Periyakulam, Pending disposal of the above Second Appeal. Prayer in CMP(MD). 12082/ 2016 :

To grant an Ad-Interim stay of the judgment and decree dated 28.04.2016 made in Cross A.S.No.12 of 2014 on the file of Sub Court, Periyakulam, reversing the judgment and decree dated 25.10.2013 made in O.S.No.144 of 2011 on the file of District Munsif Court, Periyakulam, pending disposal of the above Second Appeal. PRAYER IN SA(MD).761/2016:

Pleased to prefer the above Memorandum of Grounds of Second Appeal against the judgment and decree dated 28.04.2016 made in A.S.No.1 of 2014 on the file of Sub-Court, Periyakulam, reversing the judgment and decree dated 25.10.2013 made O.S.No.144 of 2011 on the file of District Munsif Court, Periyakulam. 4/5

PRAYER IN SA(MD).761/2016:

Pleased to prefer the above Memorandum of Grounds of Second Appeal against the judgment and decree dated 28.04.2016 made in A.S.No.12 of 2014 on the file of Sub-Court, Periyakulam, reversing the judgment and decree dated 25.10.2013 made O.S.No.144 of 2011 on the file of District Munsif Court, Periyakulam. COMMON 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 Mr.A.ARUMUGAM, Advocate for M/S. AJMAL ASSOCIATES, for the petitioners in both Petitions, the court made the following order:- Interim Stay of passing of final decree granted on 22/12/2016 is made absolute.

sd/- 25/01/2023 / TRUE COPY / 07/02/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

CP TO 1 THE DISTRICT MUNSIF PERIYAKULAM 2 THE SUBORDINATE JUDGE PERIYAKULAM

ORDER

IN IN SA(MD) Nos.761 & 762 of 2016 Date :25/01/2023 SA/VR/SAR. /07.02.2023/5P/3C 5/5