High Court dismissed a contingent remedy petition seeking to stay proceedings pending disposal of a second appeal. The court closed the CMP(MD) as the underlying second appeal was the substantive matter.
CMP(MD) No. 12045 of 2017 closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CMP(MD) No.12045 of 2017
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )
Friday, the Eighteenth day of March Two Thousand and Twenty Two
PRESENT
The Hon`ble Mrs.Justice R.THARANI
CMP(MD) No.12045 of 2017 IN SA(MD) No.562 of 2017
1 AL.CHIDAMBARAM CHETTIAR (DIED)
2 ACHI ALAGAPPAN
3 RAKKAPPAN
4 C.ANNAMALAI
5 MEENAKSHI
6 DEVI DEIVANAI ... PETITIONERS/APPELLANTS
PETITIONERS 2 TO 6 ARE BROUGHT ON RECORD AS LRS OF THE DECEASED SOLE PETITIONER VIDE COURT ORDER DATED 21.12.2021 MADE IN CMP(MD)Nos.6636 AND 6639/2021 IN SA(MD). No.562/2017
Vs
1 S.CHELLADURAI
2 KR.SOLAIMALAI
3 AR.ALAGAPPAN
4 THE EXECUTIVE OFFICER KOTTAIYUR TOWN PANCHAYAT, KOTTAIYUR, KARAIKUDI TALUK, SIVAGANGA DISTRICT. ... 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 further proceedings pursuant to the judgment and decree https://hcservices.ecourts.gov.in/hcservices/ dated 18/09/2017 passed in A.S.No.2 of 2010 on the file of Learned
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CMP(MD) No.12045 of 2017
Sub Ordinate Judge, Devakkottai confirming the judgment and decree dated 30/10/2009 in O.S.No.172 of 2004 on the file of Learned Principal District Munsif cum Judicial Magistrate, Karaikudi pending disposal of this second appeal.
PRAYER IN SA(MD).562/2017:
Pleased to set aside the Judgement and decree dated.18/09/2017 in A.S.No.2/2010 on the file of Learned Subordinate Judge, Devakkottai confirming the Judgement and decree dated.30/10/2009 in O.S.No.172/2004 on the file of Learned Principal District Munsif cum Judicial Magistrate, Karaikudi and dismiss the suit filed by the respondents 1 to 3 herein by allowing this second appeal with costs throughout.
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.R.SUNDAR SRINIVASAN, Advocate for the petitioners, the court made the following order:-
The matter to be decided in CMP(MD).12045 of 2017 and the Second Appeal is the same.
Hence, this CMP is closed. sd/18/03/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO
2 THE SUBORDINATE JUDGE, DEVAKKOTTAI.
ORDER IN CMP(MD) No.12045 of 2017 IN SA(MD) No.562 of 2017 Date :18/03/2022
PKP/SBN/SAR.1/21.03.2022/2P/3C
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AL. CHIDAMBARAM CHETTIAR (DIED) and others
S. CHELLADURAI
KR. SOLAIMALAI
AR. ALAGAPPAN
THE EXECUTIVE OFFICER KOTTAIYUR TOWN PANCHAYAT
R. THARANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
