Madras High CourtCMP(MD)/16949/2023disposed of

G.Seetharaman v. P.Muthusamy

2024-02-13Honourable Mr. Justice P.Dhanabal3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Thirteenth day of February Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice P. DHANABAL in AS(MD)No. 314 of 2023 1 G.SEETHARAMAN 2 S.PAULRAJ, ... PETITIONERS/APPELLANTS Vs 1 P.MUTHUSAMY 2 M.PERIYASAMY, 3 P.MANIYAMMAL 4 P.SELVARAJ, 5 P.RAJA.

6 V.REVATHI, 7 P.SIVAPRAKASAM, 8 C.ANBU, ... RESPONDENTS/RESPONDENTS 1/3

Civil Miscellaneous Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to grant an order of Ad-Interim Stay of judgment and decree dated 01.09.2023 made in OS No.242 of 2019 on the file of 1st Additionl District Court (PCR), Tiruchirappalli in respect of 2nd item of 8th Schedule of suit properties are concerned, pending disposal of the above First Appeal and thus render justice. PRAYER IN AS(MD)No. 314 of 2023:

Appeal Suit filed under section 96 of Civil Procedure Code to allow the First Appeal and set aside the judgment and decree dated 01.09.2023 made in OS No.242 of 2019 on the file of 1st Additinal District Court (PCR) Tiruchirappalli, in so far against the present Appellants are concerned, with cost and thus render justice. ORDER : This Civil Miscellaneous 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 MR.M.AJMALKHAN, Senior Counsel for M/S.AJMAL ASSOOCIATES, Advocate for the petitioner and of MR.V.MEENAKSHI SUNDARAM,Advocate for MR.K.MUTHUMALAI, Advocate on behalf of the Respondent, the court made the following order:- This Civil Miscellaneous Petition has been filed by the petitioners to stay the judgment and decree, dated 01.09.2023 made in O.S.No.242 of 2019 on the file of the I Additional District Court (PCR), Tiruchirappalli in respect of second item of 8th Schedule of suit properties. Since the appeal is only as against the second item of 8th 2/3

Schedule of suit properties, it is appropriate to grant stay in respect of the second item of 8th Schedule of the suit properties and the passing of final decree alone is stayed.

2. With the above said observation, this Civil Miscellaneous Petition stands disposed of.

sd/- 13/02/2024 / TRUE COPY / /02/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

BTR TO THE I ADDITIONAL DISTRICT JUDGE (PCR), TIRUCHIRAPPALLI. +1 CC to M/s.M/S.AJMAL ASSOCIATES, Advocate ( SR-1850[I] dated 14/02/2024 )

ORDER

IN in AS(MD)No. 314 of 2023 Date :13/02/2024 PKP/VR/SAR /16.02.2024/ 3P/ 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3