A petition seeking stay of proceedings in an existing second appeal was admitted. The Bench observed the matter was identical to the underlying appeal and closed the petition without further adjudication.
CMP(MD) No.6133 of 2016 stands 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.6133 of 2016
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )
Thursday, the Seventeenth day of March Two Thousand and Twenty Two
PRESENT
The Hon`ble Mrs.Justice R.THARANI
CMP(MD) No.6133 of 2016 IN SA(MD) No.519 of 2016
1 KARUPPANAN (DIED)
(1st APPELLANT DIED, MEMO FILED IN USR NO.3434 DATED 18.07.2016 MEMO RECORDED VIDE COURT ORDER DATED 18.07.2016 MADE IN SA(MD)No.1519 OF 2016 BY RMJ)
2 K.THILLAN
3 K.GOVINDAN
4 K.SINGARAM
(CAUSE TITLE ACCEPTED VIDE ORDER OF THE COURT DATED 24.11.09 IN MP. NO.3/09 IN SA.SR.3615/08 BY RSRJ)
5 SARASWATHI
6 BALAMANI
7 T.RENGANATHAN, ... PETITIONERS/APPELLANTS
Vs
1 RAMASAMY MUTHURAJA
2 SENGAYAN MUTHURAJA (REP BY HIS POWER OF ATTORNEY RAMASAMY MUTHURAJA) ...RESPONDENTS 1&2/ RESPONDENTS 1&2 / PLAINTIFFS
3 RAMASAMY MUTHURAJA
1/3
CMP(MD) No.6133 of 2016
4 RAMASAMY REDDIAR ...RESPONDENTS 3 & 4/ RESPONDENTS 3 & 4
/ DEFENDANTS 3 & 4
5 TAMIZHLAGAN
(PETITIONERS 5 TO 7 AND 5TH RESPONDENT ARE BROUGHT ON RECORD AS LRS OF THE DECEASED 1st PETITIONER VIDE COURT ORDER DATED 14.03.2022 MADE IN CMP(MD)No 4244 AND 4245 / 2017 IN SA(MD)No. 519 OF 2016 BY RTJ)
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 dated 13.01.2000 passed in OS.No.592/1989 on the file of Prinipal Subordinate Judge, Tiruchirappalli, confirmed in the judgment and decree dated 12.09.2005 passed in AS.No.156/2002 on the file of Additional District Judge (Fast Track Court No.2), Tiruchirappalli, pending disposal of the above Second Appeal.
PRAYER IN SA(MD)No.519 of 2016:
To set aside the judgment and decree dated 12.09.2005 passed in A.S.No. 156 of 2002 on the file of Additional District Judge (Fast Track Court No.2) Thiruchirappalli, confirming the Judgment and Decree dated 13.01.2000 passed in O.S.No.592 of 1989 on the file of Principal Subordinate Judge, Thiruchirappalli, and allow the 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 MR.A.RAHUL, Advocate for the petitioner, the court made the following order:-
The matter to be decided in CMP(MD)No. 6133/2016 and the Second Appeal are the same.
Hence this CMP(MD)No. 6133/2016 stands closed. sd/17/03/2022 / TRUE COPY / / /2022
Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
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CMP(MD) No.6133 of 2016
ORDER
IN CMP(MD) No.6133 of 2016 IN SA(MD) No.519 of 2016 Date :17/03/2022
pnn
PKP/VR/SAR-3/21.03.2022/3P/3C
3/3
K.THILLAN
SARASWATHI
BALAMANI
RAMASAMY MUTHURAJA
SENGAYAN MUTHURAJA
RAMASAMY REDDIAR
R.THARANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
