Murugan v. Kanthasamy (Died) 1. Naranammal
Case brief
What is this about?
Madras High Court, Madurai Bench; K. Murali Shankar J.; decided 06-01-2026; CMP(MD)No.12220 of 2025 in SA(MD)No.177 of 2023; Civil Miscellaneous Petition under Section 151 C.P.C.; prayer for stay of all further proceedings in E.P.No.26 of 2022 in O.S.No.62 of 2011 dated 03.06.2025, District Munsif Court, Kovilpatti; possession taken in execution; petition dismissed as infructuous; no merits discussion; underlying Second Appeal under Section 100 of Civil Procedure Code against judgment/decree dated 06.12.2021 in A.S.No.16 of 2017, Sub Court, Kovilpatti, confirming decree dated 05.12.2012 in O.S.No.62 of 2011; parties: Murugan, Jeyaraj, Rukmani, Chandra v. Kanthasasmy (died), Naranammal, Kavuri, Veerasamy; advocates: D. Nallathambi (petitioners), S. Pon Senthil Kumaran (respondents); outcome: dismissed as infructuous; no monetary award.
What did the court decide?
Recording the submission of learned counsel appearing for the petitioners that possession had been taken in E.P.No.26 of 2022 and that the stay petition had thereby become infructuous, the Court dismissed CMP(MD)No.12220 of 2025 as infructuous, without adjudicating any merits of the stay or of the underlying Second Appeal.