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Madras High CourtCMP(MD)/8293/2017closed

The General Manager, v. Ayyakannu (Died)

2022-03-11Honourable Mrs Justice R. Tharani2 pages

CMP(MD) No.8293 of 2017 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Eleventh day of March Two Thousand and Twenty Two PRESENT The Hon`ble Mrs.Justice R.THARANI CMP(MD) No.8293 of 2017 IN SA(MD) No.389 of 2017

1. THE GENERAL MANAGER, HEAD QUARTERS, SOUTHERN RAILWAYS, CHENNAI.

2. THE DIVISIONAL RAILWAY MANAGER, SOUTHERN RAILWAYS, TRICHY.

3. THE PRINCIPAL, RAILWAY PROTECTION TRAINING SCHOOL, KAJAMALAI, TIRUCHIRAPPALLI.

... PETITIONERS/APPELLANTS Vs (*) 1.AYYAKANNU (DIED) (**)2.KRISHNAMURTHY (DIED) ... RESPONDENTS/RESPONDENTS/ PLAINTIFFS (**)3.K.KALAIYARASI 4.K.MURUGESAN 5.V.SATHYA 6.P.VIJAYALAKSHMI 7.K.CHITHRA (**)RESPONDENTS 3 TO 7 ARE BROUGHT ON RECORD AS LRS OF THE DECEASED 2ND RESPONDENT VIDE COURT ORDER DATED 21.12.2021 MADE IN CMP(MD) NOS.4749 AND 4750 OF 2021 IN SA(MD) NO.389 OF 2017 BY VBSJ.

(*)8.NALLAPONNU 9.AYYALAMMAL 10.GOMATHI 11.SANTHANAKUMAR ... RESPONDENTS/RESPONDENTS (*)RESPONDENTS 8 TO 11 ARE BROUGHT ON RECORD AS LRS OF THE DECEASED 1ST RESPONDENT VIDE COURT ORDER DATED 02.02.2022 MADE IN CMP(MD) NOS.697 AND 698/2022 IN SA(MD) NO.389 OF 2017 BY VBSJ.

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CMP(MD) No.8293 of 2017 Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to suspend the decree of permanent injunction in O.S.No.917 of 2006 on the file of the I Additional District Munsif Court, Trichy dated 2.3.2015 which was confirmed in A.S.No.106 of 2015 on the file of the I Additional Sub Court, Trichy dated 12.4.2017 pending disposal of the Second Appeal.

PRAYER IN SA(MD) NO.389 OF 2017 :

To prefer this Memorandum of Second Appeal as against the judgment and decree passed in A.S.No.106 of 2015 on the file of the I Additional Sub-Court, Trichy dated 12.04.2017 confirming the Judgment and Decree made in O.S.No.917 of 2006 on the file of the I Additional District Munsif, Trichy dated 02.03.2015. 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.C.VAKEESWARAN, Advocate for the petitioner, the court made the following order:- The matter to be decided in CMP(MD) No.8293 of 2017 and the appeal is the same.

Hence, this CMP is closed.

sd/- 11/03/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE I ADDITIONAL SUBORDINATE JUDGE, TRICHY.

2. THE I ADDITIONAL DISTRICT MUNSIF, TRICHY.

ORDER

IN CMP(MD) No.8293 of 2017 IN SA(MD) No.389 of 2017 Date :11/03/2022 USK/VR/SAR-IV/15.03.2022/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2