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O.K.Shanmugam v. Arumugam(Died) 1.A. Namachivayam

Madras HC22 Oct 2025CMP/7569/2019

Case brief

AI extract

What is this about?

Madras High Court short order closing a civil miscellaneous petition that sought stay of execution/further proceedings in O.S.No.300 of 2008 (IV Additional District Judge, Erode District at Bhavani) following judgment and decree dated 27.02.2019, pending appeal A.S.No.204 of 2019. Interim stay of delivery of possession (order dated 08.04.2019) had lapsed after 25.04.2019; service complete; appeal ripe for final hearing. Keywords: stay of proceedings, interim stay, delivery of possession, appeal ready for final hearing, CMP closed, Erode Bhavani.

What did the court decide?

No stay granted; the Civil Miscellaneous Petition was closed, the Court recording that service was complete in the appeal and that the main appeal was ripe for final hearing and ordered to be listed. ¶33

O.K.Shanmugam Vs Arumugam(Died) 1.A. Namachivayam — Madras HC (2025) — LawSathi Research

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CMP.No.7569 of 2019

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 22-10-2025

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CORAM

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THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE

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CMP.No.7569 of 2019 in A.S.No.204 of 2019

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1.O.K.Shanmugam

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2.Saranya 3.Minor Prethisha (Minor represented by father and Next friend O.K.Shanmugam)

... Petitioners

Arumugam (Died)

1.A.Namachivayam 2.K.Vijayakumari

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3.M.Mohanavalli

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4.A.Bhuvaneswari

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5.A.Rajeswari

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6.Sundaram

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7.S.Rajamani

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... Respondents

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(R6 & R7 Are Given Up In The Cmp)

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1/4

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https://www.mhc.tn.gov.in/judis

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CMP.No.7569 of 2019

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PRAYER: To grant an order of stay against all further proceedings in O.S.No.300 of 2008 on the file of IV Addl. District Judge, Erode District at Bhavani, pursuant to the judgment and decree dated 27.02.2019, pending disposal of the above Appeal on the file of this Hon'ble Court.

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For Petitioners : Mr.T.MurugaManickam, Senior Counsel for M/s. S.Kaithamalai Kumaran

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For Respondents : Mr.S.Lakshmanasamy for R1 Mr.A.M.Esakkiappan for RR2 to 4 Mr.M.Rajeev Gandhi for R7 No appearance for R5 & R6

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ORDER

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This petition has been filed to grant an order of stay against all further

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proceedings in O.S.No.300 of 2008 on the file of IV Additional District Judge, Erode District at Bhavani, pursuant to the judgment and decree dated 27.02.2019

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2.This Court by order dated 08.04.2019 has granted an order of interim stay in respect of taking delivery of the possession alone. However, the same has not been extended after 25.04.2019. It is seen from the records that

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https://www.mhc.tn.gov.in/judis

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CMP.No.7569 of 2019

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the service has been complete in the appeal. Since the main appeal is ripe for final hearing and ordered to be so listed, this Civil Miscellaneous Petition is closed.

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22.10.2025

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Tsg Index: Yes / No Speaking Order / Non-speaking Order Neutral Citation: Yes / No

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1.The IV Additional District Court, Erode District at Bhavani.

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2.The Section Officer, VR Section, High Court of Madras, Chennai.

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