This order records the withdrawal/closure of a Consolidated Miscellaneous Petition as the subject matter overlapped with the pending Second Appeal before the same court. No substantive judgment on the merits was rendered in this filing.
CMP closed; Second Appeal (SA) remains pending for disposal.
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.12325 of 2016
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )
Thursday, the Twenty Fourth day of March Two Thousand and Twenty Two
PRESENT
The Hon`ble Mrs.Justice R.THARANI
CMP(MD) No.12325 of 2016 IN SA(MD) No.774 of 2016
TMT.M.SARALA, (DIED) ....PETITIONER/ APPELLANT
1 M. KISHORE MENON
2 D.V.SUJATHA MENON
(PETITIONERS 2 AND 3 ARE BROUGHT ON RECORD AS LRS OF THE DECEASED SOLE PETITIONER VIDE COUROT ORDER DATED 04.03.2022 MADE IN CMP(MD)NoS. 7554, 7556 AND 7558/21 IN SA(MD)No. 774 /16)
Vs
1 M.SRINIVASAN @ SEENIVASAGAM,
2 S.BASKARAN,
3 K.NAGARAJ,
4 N.THAVAMANI, ... 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 the operation of judgment and decree passed in A.S.No.12 of 2005 dated 16.12.2015 on the file of learned Subordinate Judge, Palani (kodaikanal Camp Court), reversing the Judgment and Decree passed in O.S.No.73 of 1997 dated 30.03.2005 on the file of learned District Munsif cum Judicial Magsitrate, Kodaikanal till the disposal of the above Second Appeal.
PRAYER IN SA(MD)No.774 of 2016:
Pleased to set aside the Judgment and Decree passed in A.S.NO. 12 of 2005 dated 16.12.2015 on the file of the Subordinate Judge, Palani (kodaikanal Camp Court), reversing the Judgment and Decree passed by the learned District Munsif cum Judicial Magistrate, Kodaikanal in O.S.No.73 of 1997 dated 30.03.2005 and allow the Second Appeal and thereby dismissing the suit with costs throughout. https://hcservices.ecourts.gov.in/hcservices/
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CMP(MD) No.12325 of 2016
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 MR.S.MANOHAR, Advocate for the petitioner, the court made the following order:-
The matter to be decided in CMP(MD)No. 12325/2016 and in Second Appeal is the same.
Hence, the CMP is closed. sd/24/03/2022 / TRUE COPY /
1 THE SUBORDINATE JUDGE, PALANI (KODAIKANAL CAMP COURT).
2 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, KODAIKANAL
ORDER IN CMP(MD) No.12325 of 2016 IN SA(MD) No.774 of 2016 Date :24/03/2022
LS
PKP/SBN/SAR-4/25.03.2022/2P/3C
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1 issue framed by the court
Whether to discharge the Consolidated Miscellaneous Petition involving stay of junior court decrees pending disposal of Second Appeal.
TMT.M.SARALA
M. SRINIVASAN @ SEENIVASAGAM
S.BASKARAN
K.NAGARAJ
N.THAVAMANI
R. THARANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
