CMP No.28257 of 2024 in SA No. 885 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 26-03-2026 CORAM THE HON'BLE MR.JUSTICE S. SOUNTHAR CMP No.28257 of 2024 in SA No. 885 of 2024 Balasubramanian (Died) rep. By his legal heirs 2 to 5. 1. Andal W/o. Singaram, Res. at D.NO.135, Kodikollai, Sellapiratti Village, Gingee Taluk, Villupuram 2. Elavarasi W/o.Late Balasubramanian Door No.135 Kodikollai, Sellpiratti Village, Gingee Tk., Villupuram Dist. 3. Uvanesh S/o.Late Balasubramanian Door No.135 Kodikollai, Sellpiratti Village, Gingee Tk., Villupuram Dist. 4. Vino S/o.Late Balasubramanian Door No.135 Kodikollai, Sellpiratti Village, Gingee Tk., Villupuram Dist. ..Appellant(s) Vs 1. Munusamy S/o.Ramgounder, Pazhampoondi village, Sathampadi Post, Gingee Taluk, Villupuram Dt. 2. Tahsildar Gingee Tk., Gingee. 3. Sub Collecctor Jakkampettai, Tindivanam. __________ Page1 of 4 https://www.mhc.tn.gov.in/judis CMP No.28257 of 2024 in SA No. 885 of 2024 4. District Collector Villupuram District. 5. Commissioner of Land Acquisition Chepauk, Chennai. ..Respondent(s) Prayer: To stay the operation of the Judgment and Decree passed in AS No.44 of 2016 on the file of Additional District Court (Fast Track Court), Villupuram dated 31.03.2021 reversing the Decree and Judgment dated 31.03.2016 in OS No.36 of 2013 on the file of the Subordinate Court, Gingee, pending disposal of the second appeal. For Appellant(s): Mr. M.Santhanaraman For Respondent(s): Mr.B.Tamilnidhi, Addl.Govt.Pleader for R2 to R4. ORDER This petition has been filed seeking stay of operation of the Judgment and Decree passed in AS No.44 of 2016 on the file of Additional District Court (Fast Track Court), Villupuram dated 31.03.2021, reversing the Decree and Judgment dated 31.03.2016 passed in OS No.36 of 2013 on the file of the Subordinate Court, Gingee, pending disposal of the second appeal. __________ Page2 of 4 https://www.mhc.tn.gov.in/judis CMP No.28257 of 2024 in SA No. 885 of 2024 2. The first respondent herein/plaintiff obtained a decree for declaration that patta granted in the name of the Balasubramanian (deceased)/first defendant/ appellant was null and void and the patta granted in the name of first respondent/ plaintiff was valid. The first respondent/plaintiff has not sought for any consequential relief. Mere decree for declaration is not executable one. Therefore, this court is not inclined to grant any stay. 3. Accordingly, this civil miscellaneous petition in CMP No.28257 of2024 is dismissed. 26-03-2026 (2/2) Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No MST To 1. The Additional District Judge, Fast Track Court, Villupuram, 2. Subordinate Judge, Gingee. __________ Page3 of 4 https://www.mhc.tn.gov.in/judis CMP No.28257 of 2024 in SA No. 885 of 2024 S.SOUNTHAR, J. MST SA No. 885 of 2024 26-03-2026 (2/2) __________ Page4 of 4 https://www.mhc.tn.gov.in/judis