Maheswari v. Sp.Subramanian,

CMP(MD) No.1716 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Eighteenth day of February Two Thousand Twenty PRESENT The Hon`ble Mr.Justice R.SUBRAMANIAN CMP(MD) No.1716 of 2020 IN SA(MD) No.242 of 2019 1 MAHESWARI 2 MANOHARAN ... PETITIONERS/APPELLANTS Vs SP.SUBRAMANIAN, ... RESPONDENT/RESPONDENT Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to pass an order to stay all further proceedings in pursuant to the judgment and decree made in A.S.No.18 of 2017 dated 31.1.2019.on the file of Subordinate Judge, Devakottai, confirming the judgment and decree dated 24.3.2016 made in O.S.No.59 of 2011 on the file of District Munsif, Devakottai pending disposal of the above Second Appeal and thus render justice.

PRAYER IN SA(MD)NO.242 of 2019:

To set aside the judgment and decree made in A.S.No.18 of 2017 dated 31.01.2019 on the file of Subordinate Judge, Devakottai confirming the Judgment and Decree dated 24.03.2016 made in O.S.No.5 9 of 2011 on the file of District Munsif, Devakottai and allow the 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.V.SASIKUMAR, Advocate for the petitioners and of MR.R.SUNDAR SRINIVASAN, Advocate on behalf of the Respondent, the court made the following order:- Heard the learned counsel for the parties.

2. Notice returnable by 18.03.2020. Private notice is also permitted.

3. Considering the fact that the decree under challenge is one https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMP(MD) No.1716 of 2020 for mandatory injunction, there will be an order of interim stay of execution of the decree made in O.S.No.59 of 2011 on the file of the District Munsif Court, Devakottai as confirmed in A.S.No.18 of 2017 on the file of the Sub Court, Devakottai till the disposal of the appeal.

sd/- 18/02/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

To

1. THE DISTRICT MUNSIF, DEVAKOTTAI.

2. THE SUBORDINATE JUDGE, DEVAKOTTAI +1 CC to M/s.A.K.MANICKAM, Advocate ( SR-3357[I] dated 18/02/2020 )

ORDER

IN CMP(MD) No.1716 of 2020 IN SA(MD) No.242 of 2019 Date :18/02/2020 ta AE/JC/SAR-III (24.02.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2