The Madras High Court treated multiple Civil Miscellaneous Petitions and a Second Appeal as one matter. Without recording reasons or deciding on the merits of the stay or appeal applications, the court ordered the closure of the Civil Miscellaneous Petitions.
The Civil Miscellaneous Petitions were closed without order.
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.
SA(MD) No.331 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
( Civil Appellate Jurisdiction )
Wednesday, the Sixteenth day of March Two Thousand and Twenty Two
PRESENT
The Hon`ble Mrs.Justice R.THARANI
C.M.P. (MD) Nos.9335 and 9336 of 2018
IN
SA(MD) No.331 of 2018
V.YESUDHAS
... PETITIONER/ APPELLANT in both the petitions
Vs
1 N.THANKAYYAN
2 EDWIN SHAJI
DEFENDANTS in both the petitions
(MINOR 5th RESPONDENT REPRESENTED BY HIS MOTHER/ NATURAL GUARDIAN, THE 4th RESPONDENT HEREIN)
PRAYER IN C.M.P.(MD) No.9335 of 2018:
Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to STAY of the operation of the Judgment and Decree dated 08.06.2015 passed in O.S.No.218 of 2008 on the file of 1st Additional District Munsif, Kuzhithurai as confirmed by the Judgment and Decree dated 06.09.2017 passed in A.S.No.105 of 2015 on the file of Sub Judge, Kuzhithuri, pending disposal of the above Second Appeal.
Prayer in CMP(MD). 9336/ 2018 :
To grant an order of INTERIM INJUNCTION restraining the respondents in any way alienating or creating any third party rights and further in any way damaging the standing rubber trees in the suit schedule property which is the subject matter of the suit in O.S.No.218 of 2008 on the file of the Learned I Additional District Munsif, Kuzhithurai, pending disposal of the above Second Appeal.
Prayer in SA(MD) No.331 of 2018:
To set aside the judgment and decree dated 06.09.2017 passed in A.S.No.105 of 2015 on the file of Sub-Judge, Kuzhithurai confirming the judgment and decree dated 08.06.2015 passed in O.S.No.218 of 2008 on the file of 1st Additional District Munsif, Kuzhithurai.
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SA(MD) No.331 of 2018
ORDER : These petitions coming up for orders on this day, upon perusing the petitions and the affidavits filed in support thereof and upon hearing the arguments of M/S.M.P.SENTHIL, Advocate for the petitioner in both the petitions, the court made the following order:-
The matter to be decided in the appeal and C.M.P. (MD) Nos. 9335 and 9336 of 2018 are one and the same.
Hence, these Civil Miscellaneous Petitions are closed.
/ TRUE COPY /
/ /2022
TO
1 THE SUBORDINATE JUDGE, KUZHITHURAI.
2 THE 1ST ADDITIONAL DISTRICT MUNSIF, KUZHITHURAI.
ORDER IN
C.M.P.(MD) Nos.9335 and 9336 of 2018 IN SA(MD) No.331 of 2018
Date :16/03/2022 vji
MS/PN/SAR-4/21.03.2022/2P.3C
2/2
YESUDHAS
N.THANKAYYAN
EDWIN SHAJI
AMBIRAJAN
SHOBI
ASWIN SHAJI
R.THARANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
