CMP(MD) No.5475 of 2018

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

( Civil Appellate Jurisdiction )

Tuesday, the Twenty Ninth day of March Two Thousand and Twenty Two

PRESENT

The Hon`ble Ms.Justice R.N.MANJULA

CMP(MD) No.5475 of 2018

IN

AS(MD) No.104 of 2018

D.VASANTHI ANAND KUMARI ... PETITIONER / APPELLANT

Vs

A.KOWSALYA ... RESPONDENT / RESPONDENT

Petition praying that in the circumstances stated therein and

in the affidavit filed therewith the High Court will be pleased to

stay the operation of further proceedings of the Judgment and Decree

dated 22/12/2016 made in OS.No.109 of 2010 on the file of the

Principal District Court, Dindigul pending disposal of the above

Appeal.

Prayer in AS(MD) No.104 of 2018:

To set aside the Judgment and Decree passed in O.S.No.109 of

2010 on the file of the Principal District Judge, Dindigul dated

22.12.2016 by allowing this appeal.

ORDER : This petition coming on for orders upon perusing the

petition and the affidavit filed in support thereof and upon hearing

the arguments of Mr.J.LAWRANCE, Advocate for the petitioner and of

MR.D.SELVARAJ, Advocate for the respondent, the court made the

following order:-

This petition has been filed by the appellant, who is the

defendant in the suit.

2.The respondent/plaintiff has filed the suit for recovery of

money based on mortgage deed. Preliminary decree has already been

passed and challenging the same, the appellant has preferred this

appeal. This petition is filed to stay the operation of the

judgment of the trial Court.

3.The learned counsel for the respondent submitted that the

final decree proceedings are still pending. Only after getting

final decree proceedings, execution can be taken. It is seen from

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CMP(MD) No.5475 of 2018

the records that interim injunction has already been granted and it

is being extended from time to time. The appel is also right for

final hearing.

4.Considering the same, the interim injunction already granted

is made absolute and this petition is closed.

sd/-

29/03/2022

/ TRUE COPY /

/ /2022

Sub-Assistant Registrar (C.S.)

Madurai Bench of Madras High Court,

Madurai - 625 023.

TO

THE PRINCIPAL DISTRICT JUDGE,

DINDIGUL.

ORDER

IN

CMP(MD) No.5475 of 2018

IN

AS(MD) No.104 of 2018

Date :29/03/2022

MK/PN/SAR.IV/01.04.2022/2P/2C

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