Madras High CourtCMP(MD)/7173/2017closed

Guruvaiya, v. Vellai Samy,

2020-11-04Honourable Mr Justice R. Mahadevan2 pages

CMP(MD) No.7173 of 2017 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Fourth day of November Two Thousand and Twenty PRESENT The Hon`ble Mr.Justice R.MAHADEVAN CMP(MD) No.7173 of 2017 IN SA(MD) No.333 of 2017 1 GURUVAIYA 2 GURUSAMY 3 PITCHIAMMAL 4 GURUVAMMAL 5 VEERAMMAL ... PETITIONERS/APPELLANTS Vs VELLAI SAMY ... 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 the operation of the Judgment and Decree dated 07.10.2009 in A.S.No.57/2009 on the file of the Sub Court, Sankarankovil, reversing the Judgment and Decree dated 7.10.2009, on the file of the Principal District Munsif cum Judicial Magistrate court Sivagiri in O.S.No.74/2006, pending disposal of this Second Appeal.

Prayer in SA(MD)No.333 of 2017:

Second Appeal against the Judgment and Decree dated 14.03.2017 in A.S.No.57/2009 on the file of the Sub Court, Sankarankovil reversing the Judgment and Decree dated 07.10.09 in O.S.No.74 of 2006 on the file of the District Munsif-cum-Judicial Magistrate Court, Sivagiri.

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.F.X.EUGENE, Advocate for the petitioners and of Mr.M.THIRUNAVUKKARASU, Advocae on behalf of the Respondent, the Court made the following order:- In this Miscellaneous Petition, on 07.08.2017, an order of interim stay was granted. Thereafter, the matter has been kept pending till date, without extending the interim order already https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMP(MD) No.7173 of 2017 granted. In the said circumstances, no useful purpose will be served in keeping this petition pending at this length of time and hence, the same is closed.

sd/- 04/11/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE SUBORDINATE JUDGE, SANKARAN KOVIL.

2.THE PRINCIPAL DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, SIVAGIRI.

ORDER

IN CMP(MD) No.7173 of 2017 IN SA(MD) No.333 of 2017 Date :04/11/2020 vsm AE/JC/SAR-III (09.11.2020) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2