Karthikeyan v. Sanmugasundari

CMP(MD) No.11945 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Thirtieth day of March Two Thousand and Twenty Two PRESENT The Hon`ble Ms.Justice R.N.MANJULA CMP(MD) No.11945 of 2019 IN AS(MD) No.222 of 2019 1 KARTHIKEYAN PERIYANAYAKAM (DIED) 2 P.VEERALAKSHMI 3 P.ESWARI 4 P.SARANYA 5 P.NANDHINI ... PETITIONERS/APPELLANTS Vs 1 SANMUGASUNDARI 2 S.SANMUGAM 3 S.SUBBULETCHUMI 4 MALAIAMMAL 5 S.RAJANAMBI KRISHNAN ... 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 the further proceedings in the decree and judgement in O.S.No.81/2013 on the file of the III Additioinal District Judge, Tirunelveli Dated on 07.02.2019 pending disposal of the above appeal.

Prayer in AS(MD). 222/ 2019 :

To allow this first appeal aganist the decree and judgement passed in O.S.No.81/2013 on the file of the III Additioinal District Judge, Tirunelveli Dated 07.02.2019.

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.M.MANIVEL PANDIAN, Advocate for the petitioners and of MR.R.ANAND, Advocate on behalf of the Respondents the court made the following order:- https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMP(MD) No.11945 of 2019 The suit has been filed for the relief of partition and declaration and it was dismissed. There was no order of any injunction at the time when the suit was pending. No relief for any injunction has been granted or sought for on the ground that the petitioners / appellants are in possession of the suit properties. Hence, there is no scope for stay.

2.Accordingly, this Petition is dismissed.

sd/- 30/03/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE III ADDITIONAL DISTRICT JUDGE, TIRUNELVELI.

+1 CC to M/s.M.M.MANIVEL PANDIAN, Advocate ( SR-2683[I] dated 30/03/2022 )

ORDER

IN CMP(MD) No.11945 of 2019 IN AS(MD) No.222 of 2019 Date :30/03/2022 RS/PN/SAR.1 (11.04.2022) 2P-3C https://hcservices.ecourts.gov.in/hcservices/ 2/2