Madras High CourtCMP(MD)/12558/2019stay made absolute

Pichammal v. Jagajothi

2020-02-24Honourable Mr Justice R. Subramanian2 pages

CMP(MD) No.12558 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Twenty Fourth day of February Two Thousand Twenty PRESENT The Hon`ble Mr.Justice R.SUBRAMANIAN CMP(MD) No.12558 of 2019 IN SA(MD) No.625 of 2019 PICHAMMAL ... PETITIONER/APPELLANT Vs 1 JAGAJOTHI 2 RAJ REDDIAR ... RESPONDENTS/ RESPONDENTS Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to pass an order of Interim Stay of the operation of the judgment and decree dated 21.08.2019 passed in A.S.No. 20 of 2017 on the file of the Sub Court, Kovilpatti reversing the judgment and decree dated 28.07.2017 passed in O.S. No. 279 of 20111 on the file of District Munsif Court Kovilpatti pending disposal of the main Second 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.D.NALLATHAMBI, Advocate for the petitioner and of MR.S.KADARKARAI, Advocate for R1, the court made the following order:- Considering the fact that the decree challenged is one for mandatory injunction and recovery of possession and that the appeal itself would become infructuous if the decree is allowed to be executed pending appeal.

2. Interim stay granted on 02.01.2020 is made absolute. sd/- 24/02/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMP(MD) No.12558 of 2019 TO 1.THE SUBORDINATE JUDGE, KOVILPATTI.

2.THE DISTRICT MUNSIF, KOVILPATTI.

+1 CC to M/s.D.NALLATHAMBI, Advocate ( SR-3965[I] dated 25/02/2020 )

ORDER

IN CMP(MD) No.12558 of 2019 IN SA(MD) No.625 of 2019 Date :24/02/2020 am AE/JC/SAR-I (27.02.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2