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Madras High CourtCMP(MD)/12045/2017closed

Thiru. Al.Chidambaram Chettiar (Died) v. Thiru.S.Chelladurai

2022-03-18Honourable Mrs Justice R. Tharani2 pages

CMP(MD) No.12045 of 2017 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Eighteenth day of March Two Thousand and Twenty Two PRESENT The Hon`ble Mrs.Justice R.THARANI CMP(MD) No.12045 of 2017 IN SA(MD) No.562 of 2017 1 AL.CHIDAMBARAM CHETTIAR (DIED) 2 ACHI ALAGAPPAN 3 RAKKAPPAN 4 C.ANNAMALAI 5 MEENAKSHI 6 DEVI DEIVANAI ... PETITIONERS/APPELLANTS PETITIONERS 2 TO 6 ARE BROUGHT ON RECORD AS LRS OF THE DECEASED SOLE PETITIONER VIDE COURT ORDER DATED 21.12.2021 MADE IN CMP(MD)Nos.6636 AND 6639/2021 IN SA(MD).

No.562/2017 Vs 1 S.CHELLADURAI 2 KR.SOLAIMALAI 3 AR.ALAGAPPAN 4 THE EXECUTIVE OFFICER KOTTAIYUR TOWN PANCHAYAT, KOTTAIYUR, KARAIKUDI TALUK, SIVAGANGA DISTRICT.

... 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 pursuant to the judgment and decree dated 18/09/2017 passed in A.S.No.2 of 2010 on the file of Learned https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMP(MD) No.12045 of 2017 Sub Ordinate Judge, Devakkottai confirming the judgment and decree dated 30/10/2009 in O.S.No.172 of 2004 on the file of Learned Principal District Munsif cum Judicial Magistrate, Karaikudi pending disposal of this second appeal.

PRAYER IN SA(MD).562/2017:

Pleased to set aside the Judgement and decree dated.18/09/2017 in A.S.No.2/2010 on the file of Learned Subordinate Judge, Devakkottai confirming the Judgement and decree dated.30/10/2009 in O.S.No.172/2004 on the file of Learned Principal District Munsif cum Judicial Magistrate, Karaikudi and dismiss the suit filed by the respondents 1 to 3 herein by allowing this second appeal with costs throughout.

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.R.SUNDAR SRINIVASAN, Advocate for the petitioners, the court made the following order:- The matter to be decided in CMP(MD).12045 of 2017 and the Second Appeal is the same.

Hence, this CMP is closed.

sd/- 18/03/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE PRINCIPAL DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, KARAIKUDI.

2 THE SUBORDINATE JUDGE, DEVAKKOTTAI.

ORDER

IN CMP(MD) No.12045 of 2017 IN SA(MD) No.562 of 2017 Date :18/03/2022 PKP/SBN/SAR.1/21.03.2022/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2