An appellant sought a stay on proceedings in a civil suit pending disposal of a second appeal. The High Court closed the miscellaneous petition, stating the matter was identical to the appeal already pending.
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.7354 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )
Monday, the Twenty Eighth day of March Two Thousand and Twenty Two
PRESENT
The Hon`ble Mrs.Justice R.THARANI
CMP(MD) No.7354 of 2019 IN SA No.1654 of 1998
THE TIRUNELVELI DIOCESAN TRUST, ASSOCIATION,PALAYAMKOTTAI, THROUGH ITS SECRETARY HAVING ITS OFFICE AT PALAYAMKOTTAI, TIRUNELVELI ... PETITIONER/APPELLANT
1 S.KANAGARAJ (DIED)
2 S.BALASUNDARAVINAYAGAM
3 MUTHU LAKSHMI
4 MUTHU USHA
5 ARUN KUMAR
6 ANUSATHYA ... RESPONDENTS/DEFENDANTS
(RR 3 TO 6 ARE BROUGHT ON RECORD AS LRS OF THE DECEASED R1 VIDE COURT ORDER DATED 22.02.2021 MADE IN CMP(MD) Nos.1600,1601 AND 1603/2021 IN SA No.1654 of 1998 BY NSKJ)
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 in E.P No.17 of 2018 in O.S. No.628 of 1974 on the file of the Principal District Munsif Court, Tirunelveli pending Disposal of the above 2nd appeal.
PRAYER IN SA No.1654 OF 1998:
To prefer this Memorandum of Second Appeal against the judgment and Decree in A.S.No.16 of 1977 on the file of the II Additional District Judge, Tirunelveli, dated 17-09-1992 confirming the Judgment and Decree in O.S.No.628 of 1974 on the file of the Additional District Munsif Court, Tirunelveli dated 14-09-1976.
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CMP(MD) No.7354 of 2019
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.S.CHELLAPNDIAN, Advocate for the petitioner, the Court made the following order:-
The matter to be decided in this petition and the Second Appeal are the same.
Hence this Civil Miscellaneous petition is closed. sd/28/03/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO
THE PRINCIPAL DISTRICT MUNSIF, TIRUNELVELI.
ORDER IN CMP(MD) No.7354 of 2019 IN SA No.1654 of 1998 Date :28/03/2022
SS/SBN/SAR:I/29.03.2022 : 2P/2C
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THE TIRUNELVELI DIOCESAN TRUST, ASSOCIATION
S.KANAGARAJ
S.BALASUNDARAVINAYAGAM
MUTHU LAKSHMI
MUTHU USHA
ARUN KUMAR
R.THARANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
