CMP(MD) No.11945 of 2019

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

( Civil Appellate Jurisdiction )

Wednesday, the Thirtieth day of March Two Thousand and Twenty Two

PRESENT

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

CMP(MD) No.11945 of 2019

IN

AS(MD) No.222 of 2019

1 KARTHIKEYAN

PERIYANAYAKAM (DIED)

2 P.VEERALAKSHMI

3 P.ESWARI

4 P.SARANYA

5 P.NANDHINI ... PETITIONERS/APPELLANTS

Vs

1 SANMUGASUNDARI

2 S.SANMUGAM

3 S.SUBBULETCHUMI

4 MALAIAMMAL

5 S.RAJANAMBI KRISHNAN ... RESPONDENTS/RESPONDENTS

Petition filed praying that in the circumstances stated

therein and in the affidavit filed therewith the High Court may be

pleased to stay all the further proceedings in the decree and

judgement in O.S.No.81/2013 on the file of the III Additioinal

District Judge, Tirunelveli Dated on 07.02.2019 pending disposal of

the above appeal.

Prayer in AS(MD). 222/ 2019 :

To allow this first appeal aganist the decree and judgement

passed in O.S.No.81/2013 on the file of the III Additioinal District

Judge, Tirunelveli Dated 07.02.2019.

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.M.M.MANIVEL PANDIAN, Advocate for

the petitioners and of MR.R.ANAND, Advocate on behalf of the

Respondents the court made the following order:-

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CMP(MD) No.11945 of 2019

The suit has been filed for the relief of partition and

declaration and it was dismissed. There was no order of any

injunction at the time when the suit was pending. No relief for any

injunction has been granted or sought for on the ground that the

petitioners / appellants are in possession of the suit properties.

Hence, there is no scope for stay.

2.Accordingly, this Petition is dismissed.

sd/-

30/03/2022

/ TRUE COPY /

/ /2022

Sub-Assistant Registrar (C.S.)

Madurai Bench of Madras High Court,

Madurai - 625 023.

TO

THE III ADDITIONAL DISTRICT JUDGE,

TIRUNELVELI.

+1 CC to M/s.M.M.MANIVEL PANDIAN, Advocate ( SR-2683[I] dated

30/03/2022 )

ORDER

IN

CMP(MD) No.11945 of 2019

IN

AS(MD) No.222 of 2019

Date :30/03/2022

RS/PN/SAR.1 (11.04.2022) 2P-3C

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