Madras High CourtCMP(MD)/1154/2017stay made absolute

Periyasamy, v. Devika,

2022-04-13Honourable Ms Justice R.N.Manjula2 pages

CMP(MD) No.1154 of 2017 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Thirteenth day of April Two Thousand and Twenty Two PRESENT The Hon`ble Ms.Justice R.N.MANJULA CMP(MD) No.1154 of 2017 IN AS(MD) No.19 of 2017 PERIYASAMY ... PETITIONER/APPELLANT Vs 1 DEVIKA 2 BALAMANI 3 LAKSHMI ... 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 proceedings in O.S.No.148 of 2013 on the file of IInd Additional District Court, Tiruchirappalli. PRAYER IN AS(MD)No.19 of 2017:

To set aside the Judgment and Decree made in O.S.No.148 of 2013 on the file of the IInd Additional District Court, Tiruchirappalli, dated 10.03.2016, by allowint the First 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 M/S.M.ASHOK KUMAR, Advocate for the petitioner and of Mr.H.LAKSHMI SHANKAR, Advocate on behalf of the 1st Respondent and not appeared for the Respondents No.2 & 3 either in person or by an advocate, the court made the following order:- The order of interim stay that has been already granted in this matter for 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMP(MD) No.1154 of 2017 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, if final decree petition is filed.

2. Thus, this petition is closed.

sd/- 13/04/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE II ADDITIONAL DISTRICT JUDGE, TIRUCHIRAPPALLI

ORDER

IN CMP(MD) No.1154 of 2017 IN AS(MD) No.19 of 2017 Date :13/04/2022 SA/JM/SAR.2/22.04.2022/2P/2C https://hcservices.ecourts.gov.in/hcservices/ 2/2