Madras High CourtCMP(MD)/10055/2021dismissed

K.R.Sakthivel Raja v. P.S.Balasubramanian

2022-02-24Honourable Mr Justice R. Subramanian,Honourable Mr Justice N. Sathish Kumar2 pages

CMP(MD) No.10055 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Twenty Fourth day of February Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice R.SUBRAMANIAN and The Hon`ble Mr.Justice N.SATHISH KUMAR C.M.P(MD)No.10055 of 2021 in A.S(MD)No.289 of 2021 K.R.SAKTHIVEL RAJA ... PETITIONER/ APPELLANT Vs 1 P.S.BALASUBRAMANIAN 2 P.S.KANNAN 3 P.S.RAJENDIRAN 4 P.S.GNANESWARAN 5 THE DISTRICT COLLECTOR, VIRUDHUNAGAR DISTRICT, VIRUDHUANGAR.

... RESPONDENTS/ RESPONDENTS 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 passed in OS No. 85 of 2019 on the file of the Learned Principal District and Sessions Judge, Virudhunagar District at Srivilliputhur dated 27.07.2021 pending disposal of the above Appeal in so far as the payment of cost of Rs.3000/- to the Respondents alone is concerned pending disposal of the above Appeal. PRAYER IN A.S(MD)No.289 of 2021:

To set aside the Judgment and Decree passed in O.S.No.85 of 2019 on the file of the Learned Principal District and Sessions Judge, Virudhunagar District at Srivilliputhur dated 27.07.2021 by allowing this Appeal.

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 MR.SRICHARAN RENGARAJAN, Advocate for Mr.P.MAHENDRAN, Advocate for the petitioner and of MR.A.SIVAJI, Advocate on behalf of the Respondents, the court made the following order:- https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMP(MD) No.10055 of 2021 The petitioner seeks stay of execution of the decree passed in O.S.No.85 of 2019.

2.Admittedly, suit in O.S.No.85 of 2019 has been dismissed. Normally, a decree for costs is not stayed and hence, this petition is dismissed.

sd/- 24/02/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE DISTRICT COLLECTOR, VIRUDHUNAGAR DISTRICT, VIRUDHUANGAR.

2 THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

ORDER

IN C.M.P(MD)No.10055 of 2021 in A.S(MD)No.289 of 2021 Date :24/02/2022 am MK/PN/SAR.I/03.03.2022/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2