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Madras High CourtCMP(MD)/5737/2018stay made absolute

V.Arumugam v. V.Kathiresan

2022-03-29Honourable Ms Justice R.N.Manjula2 pages

CMP(MD) No.5737 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Twenty Ninth day of March Two Thousand and Twenty Two PRESENT The Hon`ble Ms.Justice R.N.MANJULA CMP(MD) No.5737 of 2018 IN AS(MD) No.109 of 2018 V.ARUMUGAM ... PETITIONER/APPELLANT Vs 1 V.KATHIRESAN 2 V.ANGAMMAL 3 V.LAKSHMI 4 V.PANCHAVARNAM 5 V.DEIVANAI 6 V.AMSAVALLI 7 V.POTHUMANI ... RESPONDENTS/RESPONDENTS (THE RESPONDENTS 2,3,5,6 & 7 WERE ALREADY SET EXPARTE BEFORE THE TRIAL COURT & HENCE GIVEN UP IN THE ABOVE APPEAL SUIT) 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 proceedings pursuant to the decree and judgment dated 13/09/2017 made in OS.No.122 of 2013 on the file of the I Additional District Judge, Madurai, pending disposal of the above Appeal Suit.

PRAYER IN AS(MD) No.109 of 2018:

To setaside the decree and judgment dated 13.09.2017 rendered in O.S.No.122 of 2013, on the file of the I Additional District Judge, Madurai, by allowing this Appeal Suit and to grant such other relief or reliefs that this Honourable Court may deem fit and proper in the circumstances of the case.

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.G.ARAVINTHAN, Advocate for the petitioner and of MR.K.MURALEEDHARAN, Advocate on behalf of the 1st Respondent and none appeared either in person or by an Advocate on behalf of the 4th Respondent, the court made the following order:- https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMP(MD) No.5737 of 2018 The order of interim stay for passing the final decree alone is in force. Now the learned counsel for both sides submitted that there is a possibility for settlement and negotiations are going on. 2.Considering the same, the interim stay already granted is made absolute on the same condition that all other proceedings are permitted to go on except passing of final decree. sd/- 29/03/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE I ADDITIONAL DISTRICT JUDGE, MADURAI.

ORDER

IN CMP(MD) No.5737 of 2018 IN AS(MD) No.109 of 2018 Date :29/03/2022 RS/PN/SAR.2 (11.04.2022) 2P-2C https://hcservices.ecourts.gov.in/hcservices/ 2/2