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Madras High CourtCMP(MD)/5810/2016stay made absolute

Sulochana (Died) v. Srinivasan,

2022-03-31Honourable Ms Justice R.N.Manjula3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Thirty First day of March Two Thousand and Twenty Two PRESENT The Hon`ble Ms.Justice R.N.MANJULA IN AS(MD) No.89 of 2016 SULOCHANA (DIED) 2 K. JANARTHANAN, 3 J. RAJKUMAR, 4 J. SUBRAMANIAN, 5 T.M. SUJATHA DEVI, 6 J. KANAGA DURGADEVI, 7 R. HEMAMAILINE, ... PETITIONERS/APPELLANTS (PETITIONERS 2 TO 7 ARE BROUGHT ON RECORD AS LRS OF THE DECEASED SOLE PETITIONER VIDE COURT ORDER DATED 24.02.2022 MADE IN CMP(MD) Nos.1481,1482 AND 1484/22 IN AS (MD)No.89/2016) Vs 1 SRINIVASAN, 2 JAYACHANDRAN, 3 SRIDHARAN, 4 GIRIRAJAN, 5 SARADA, 6 RAJESWARI, 7 VIJAYALAKSHMI, 1/3

8 JOTHI LAKSHMI, 9 RAMEELA, 10 HAMSA @ HAMSAVATHI, 11 GANESA MURTHY, 12 TIRUNAVUKKARASU UDAYAR, 13 DEEPAK, ... RESPONDENTS/RESPONDENTS 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 proceeding pursuant to the judgment and decree dated 23.09.2015 made in O.S.No.96 of 2011 on the file of the II Additional District Judge, Tiruchirappalli pending disposal of the above First Appeal.

PRAYER IN AS(MD)No.89 of 2016:

Pleased to allow the appeal by set aside the Judgment and Decree dated 23.09.2015 made O.S.No.96 of 2011 on the file of the IInd Additional District Judge, Triuchirappalli. 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. P.ATHIMOOLAPANDIAN, Advocate for the petitioner and of Mr.T.V.SIVAKUMAR, Advocate on behalf of the Respondents 1 to 10 and not appeared for Respondents No.11 to 13 either in person or by an advocate, the court made the following order:- The order of interim stay has already been granted in this matter 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. Hence, this petition is closed.

sd/- 31/03/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO THE IInd ADDITIONAL DISTRICT JUDGE, TIRUCHIRAPALLI

ORDER

IN IN AS(MD) No.89 of 2016 Date :31/03/2022 SA/JM/SAR.4/13.04.2022/3P/2C 3/3