K.Selvamuthukumar, v. S.R.Krishnan,
CMP(MD) No.10705 of 2017 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Second day of March Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice R.SUBRAMANIAN CMP(MD) No.10705 of 2017 IN SA(MD) No.501 of 2017 K.SELVAMUTHUKUMAR ... PETITIONER/ APPELLANT Vs S.R.KRISHNAN ... RESPONDENT/ RESPONDENT 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 in E.P.No.3 of 2017 in O.S.No.53/2007 on the file of the Principal District Munsif, Manamadurai, pending disposal of this Second Appeal. PRAYER IN SA(MD) No.501 of 2017:
Second Appeal filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to allow this Second appeal thereby setting aside the decree and Judgment passed by the Learned Principal District Judge, Sivagangai dated 24.11.2016 in AS.No.30 of 2015 confirming the decree and Judgment of the Learned Subordinate Judge, Sivagangai dated 9.6.2015 passed in O.S.No.9 of 2007 and decree the suit as prayed for with costs through out and pass such other and/or further orders as this Honourable Court may deem fit and proper in the circumstances of this case and thus render justice. 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.S.
PARTHASARATHY, Advocate for the petitioner and of Mr.K.K.KANNAN, Advocate on behalf of the Respondent, while admitting the Second Appeal, the Court made the following order:- The petitioner seeks stay of further proceedings in E.P.No.3 of 2017, which is for execution of the decree in O.S.No.53 of 2007.
2. According to the learned counsel for the petitioner, an https://hcservices.ecourts.gov.in/hcservices/ 1/2
CMP(MD) No.10705 of 2017 appeal against the said decree is pending in A.S.No.71 of 2017 on the file of the Sub Court, Manamadurai and the Appellate Court has also granted stay of execution of the decree.
3. In view of the above, this petition is dismissed. sd/- 02/03/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1.THE PRINCIPAL DISTRICT JUDGE, SIVAGANGAI.
2.THE PRINCIPAL DISTRICT MUNSIF, MANAMADURAI. 3.THE SUBORDINATE JUDGE, SIVAGANGAI.
4.THE SUBORDINATE JUDGE, MANAMADURAI.
+1 CC to Mr.K.K.KANNAN, Advocate ( SR-1729[I] dated 03/03/2021 )
ORDER
IN CMP(MD) No.10705 of 2017 IN SA(MD) No.501 of 2017 Date :02/03/2021 ogy AE/SMA/SAR-III (08/03/2021) 2P / 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2