Petitioners moved for interim stay of an impugned judgment in a Second Appeal. The High Court held the consolidation matter required decision only in the Second Appeal, thus dismissing the interim stay petition.
CMP(MD) No.5883 of 2018 is closed as the matter is to be decided 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.5883 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )
Wednesday, the Twenty Third day of February Two Thousand and Twenty Two
PRESENT
The Hon`ble Mrs.Justice R.THARANI
CMP(MD) No.5883 of 2018 IN SA(MD) No.223 of 2018
(*)1.THANGATHAI (DIED)
... PETITIONER/APPELLANT
(*)PETITIONERS 2 TO 6 ARE BROUGHT ON RECORDS AS LRS OF THE DECEASED SOLE PETITIONER VIDE COURT ORDER DATED 01.02.2022 MADE IN CMP(MD) Nos.97 AND 98/22 IN SA(MD) NO.223/2018 BY VBSJ.
Vs
JEYACHANDRAN ... RESPONDENT/APPELLANT
Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to grant interim stay of the operation of the judgment and decree dated 03.07.2017 made in A.S.No.8 of 2014 on the file of Additional District and Sessions Court, Theni at Periyakulam by confirming the Judgment and decree dated 12.11.2013 passed in O.S.No.15 of 2010 on the file of the Learned Subordinate Court, Uthamapalayam pending disposal of the main Second Appeal.
PRAYER IN SA(MD) No.223 of 2018 :
Pleased to set aside the judgment and decree passed in A.S.No.8 of 2014 dated 03.07.2021 on the file of Additional District and Sessions Court, Theni at Periyakulam by confirming the Judgment and decree dated 12.11.2013 passed in O.S.No.15 of 2010 on the file of the Learned Subordinate Court, Uthamapalayam.
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CMP(MD) No.5883 of 2018
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. A.SARAVANAN, Advocate for the petitioner, the court made the following order:-
The matter to be decided in CMP(MD) No.5883/2018 and in the Second Appeal is the same.
Hence, CMP(MD) No.5883 of 2018 is closed.
/ TRUE COPY /
/ /2022
Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court,
TO
USK/VR/SAR-II/02.03.2022/2P/3C
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THANGATHAI (DIED)
HEMALATHA (DIED)
RAJA
THIKETHA
DEVITHA
MUTHEESH
R.THARANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
