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Madras High CourtCMP(MD)/5883/2018closed

Thangathai (Died) v. Jeyachandran

2022-02-23Honourable Mrs Justice R. Tharani2 pages

CMP(MD) No.5883 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Twenty Third day of February Two Thousand and Twenty Two PRESENT The Hon`ble Mrs.Justice R.THARANI CMP(MD) No.5883 of 2018 IN SA(MD) No.223 of 2018 (*)1.THANGATHAI (DIED) ... PETITIONER/APPELLANT

2. HEMALATHA (DIED)

3. RAJA

4. THIKETHA

5. DEVITHA

6. MUTHEESH (*)PETITIONERS 2 TO 6 ARE BROUGHT ON RECORDS AS LRS OF THE DECEASED SOLE PETITIONER VIDE COURT ORDER DATED 01.02.2022 MADE IN CMP(MD) Nos.97 AND 98/22 IN SA(MD) NO.223/2018 BY VBSJ.

Vs JEYACHANDRAN ... RESPONDENT/APPELLANT Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to grant interim stay of the operation of the judgment and decree dated 03.07.2017 made in A.S.No.8 of 2014 on the file of Additional District and Sessions Court, Theni at Periyakulam by confirming the Judgment and decree dated 12.11.2013 passed in O.S.No.15 of 2010 on the file of the Learned Subordinate Court, Uthamapalayam pending disposal of the main Second Appeal. PRAYER IN SA(MD) No.223 of 2018 :

Pleased to set aside the judgment and decree passed in A.S.No.8 of 2014 dated 03.07.2021 on the file of Additional District and Sessions Court, Theni at Periyakulam by confirming the Judgment and decree dated 12.11.2013 passed in O.S.No.15 of 2010 on the file of the Learned Subordinate Court, Uthamapalayam. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMP(MD) No.5883 of 2018 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. A.SARAVANAN, Advocate for the petitioner, the court made the following order:- The matter to be decided in CMP(MD) No.5883/2018 and in the Second Appeal is the same.

Hence, CMP(MD) No.5883 of 2018 is closed.

sd/- 23/02/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, THENI AT PERIYAKULAM.

2. THE SUBORDINATE JUDGE, UTHAMAPALAYAM.

ORDER

IN CMP(MD) No.5883 of 2018 IN SA(MD) No.223 of 2018 Date :23/02/2022 USK/VR/SAR-II/02.03.2022/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2