Held the current Civil Miscellaneous Petition and the related Second Appeal were identical in nature and decided the matter by closing the C.M.P. petition.
C.M.P. closed as the matter was already pending before the court in the Second Appeal.
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.4621 of 2017
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )
Tuesday, the Eighth day of March Two Thousand and Twenty Two
PRESENT
The Hon`ble Mrs.Justice R.THARANI
CMP(MD) No.4621 of 2017 IN SA(MD) No.229 of 2017
1 RAMASAMY(DIED)
4 R.THIRUMOORTHY
6 V.RAJESWARI
7 J.MAHESWARI ... PETITIONERS/ APPELLANTS
(PETITIONERS 3 TO 7 ARE BROUGHT ON RECORD AS LRS OF THE DECEASED 1ST PETITIONER VIDE COURT ORDER DATED 18.02.2022 MADE IN CMP(MD) NO.755/2022 IN SA(MD)NO.229/2017 BY RTJ)
Vs
PALANIYAPPAN (DIED)
2 CHELLAMMAL (DIED)
3 KRISHNAN ... RESPONDENTS/ RESPONDENTS (3rd RESPONDENT IS BROUGHT ON RECORD AS LR OF THE DECEASED 2nd RESPONDENT VIDE COURT ORDER DATED 21.12.2021 MADE IN CMP(MD)NO.9256,9258 & 9259/2021 IN SA(MD)NO.229/2017 BY VBSJ)
Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to stay the Decree and Judgment dated 29/01/2007 in OS.NO.177 of 2001 on the file of the District Munsif Court, Aranthangi, conforming the decree and judgment dated 08/09/2015 in AS.No.150 of 2007 on the file of the Sub Court, Pudukkottai, pending disposal of the Second Appeal.
PRAYER IN SA(MD) No.229 of 2017:
To set aside the fair and decreetal order passed in A.S.No.150 of 2007 on the file of Sub Court, Pudukkottai dated 08.09.2015 confirming the decree and judgment passed in O.S.No.177 of 2001 https://hcservices.ecourts.gov.in/hcservices/
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CMP(MD) No.4621 of 2017
dated 29.01.2007 on the file of District Munsif Court, Aranthangi and allow this Second Appeal.
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.K.BAALASUNDHARAM, Advocate for the petitioners, the court made the following order:-
The matter to be decided in CMP(MD)No.4621/2017 and the second appeal is the same.
Hence, this CMP is closed.
sd/08/03/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE DISTRICT MUNSIF, ARANTHANGI.
2 THE SUBORDINATE JUDGE, PUDUKKOTTAI.
ORDER IN CMP(MD) No.4621 of 2017 IN
SA(MD) No.229 of 2017
Date :08/03/2022
ls
MS/PN/SAR-2/11.03.2022/2P.3C
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RAMASAMY(DIED) OR SHANMUGASUNDARAM OR VEERAYEE OR R.THIRUMOORTHY OR R.PARVATHI DEVI OR V.RAJESWARI
PALANIYAPPAN (DIED) OR RAJENDRAN OR CHELLAMMAL (DIED) OR KRISHNAN
R. THARANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
