Velusamy v. Sheik Mohideen

CMP(MD) No.269 of 2016 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Twenty Fourth day of January Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice S.SOUNTHAR CMP(MD) No.269 of 2016 IN SA(MD) No.19 of 2016 1 VELUSAMY 2 SUDALAI @ OOMAIANDI, 3 NAINAR 4 MURUGAN 5 GANESAN ... PETITIONERS/APPELLANTS Vs 1 SHEIK MOHIDEEN 2 JAMELUDEEN 3 SYED HUSSEIN 4 MOHAMED SALI, 5 JAFER ALI, ... RESPONDENTS/RESPONDENTS Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to suspend the judgment and decree passed in AS NO. 107 of 2014 on the file of 1st Additional District Judge, Tuticorin dated 30/10/2014 as confirmed by the judgment and decree passed in OS NO. 6 of 2007 on the file of District Munsif Court, Srivaikuntam dated 19/06/2008 pending disposal of the above Second Appeal. Prayer in SA(MD). 19/ 2016 :

Pleased to prerfer this Memorandum of Second Appeal against the judgment and decree passed in A.S.No.107 of 2014 on the file of I Additional District Judge, Thoothukudi dated 30.10.2014 reversing the Judgment and Decree passed in O.S.No. 6 of 2007 on the file of Principal District Munsif, Srivaikundam dated 19.06.2008. https://www.mhc.tn.gov.in/judis 1/2

CMP(MD) No.269 of 2016 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.P.SENTHIL, Advocate for the petitioner, the court made the following order:- The petitioners herein seek suspension of the decree for injunction granted by the trial Court and confirmed by the First Appellate Court.

2.It is seen from the records that there is no interim order from the year 2016. The suit for bare injunction filed by the respondents was decreed on 19.06.2008 and the same was confirmed by the First Appellate Court on 30.10.2014.

3.In view of the fact that there is no interim order in favour of the petitioners for the past six years, this petition is closed. 4.Post the Second Appeal for final hearing on 02.02.2023. sd/- 24/01/2023 / TRUE COPY / /01/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

VSD TO THE I ADDITIONAL DISTRICT JUDGE, THOOTHUKUDI. 2 THE PRINCIPAL DISTRICT MUNSIF,SRIVAIKUNDAM

ORDER

IN CMP(MD) No.269 of 2016 IN SA(MD) No.19 of 2016 Date :24/01/2023 PKP/BUC/SAR-2/30.01.2023/2P/3C https://www.mhc.tn.gov.in/judis 2/2