Madras High CourtCMP(MD)/12518/2019dismissed

Valarmathi v. Manokaran

2020-01-02Honourable Mr Justice R. Subramanian2 pages

CMP(MD) No.12518 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Second day of January Two Thousand Twenty PRESENT The Hon`ble Mr.Justice R.SUBRAMANIAN CMP(MD) No.12518 of 2019 IN SA(MD) No.621 of 2019 VALARMATHI ... PETITIONER/APPELLANT Vs 1.MANOKARAN 2.SAROJA KALYANI (DIED) 3.PALANIVELU 4.KANNAN ... RESPONDENTS/ RESPONDENTS Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to grant ad-interim stay of the Judgment and decree of the 1st Appellate Court in A.S. No. 16/2018 order dated 23.10.2019 on the file of Learned Sub-Ordinate, Court, Thuraiyur, pending disposal of the second appeal.

Prayer in SA(MD). 621/ 2019 :

Pleased to set aside the decree and judgment of the Learned Sub Court, Thuraiyur in A.S.No. 16 of 2018 dated 23.10.2019 reversing the decree and Judgment of Learned District Munsif Court of Thuraiyur in O.S. No. 116 of 2016 dated 21.12.2017 may allow this appeal.

ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.M.SIDDHARTHAN, Advocate for the petitioner, while admitting the SA, the court made the following order:- This application has been filed seeking stay of the judgment and decree of the first appellate Court made in A.S.No.16 of 2018, on the file of the Sub Court, Thuraiyur.

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CMP(MD) No.12518 of 2019

2. The result of the judgment of the first appellate Court in allowing the appeal is that the suit filed by the appellant stands dismissed, hence there is nothing to be stayed. The stay petition is therefore dismissed leaving it open to the appellant to seek appropriate remedy.

sd/- 02/01/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE SUBORDINATE JUDGE, THURAIYUR.

2.THE DISTRICT MUNSIF, THURAIYUR.

ORDER

IN CMP(MD) No.12518 of 2019 IN SA(MD) No.621 of 2019 Date :02/01/2020 AM TK/VR/SAR.2/07.01.2020/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2