CMP No. 5230 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 03-04-2025 CORAM THE HONOURABLE MR JUSTICE S. M. SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE K.RAJASEKAR CMP No. 5230 of 2025 and A.S. Nos. 206 & 205 of 2025 1. V.S.Narayanan S/o. Late Seshadrinathan, Old No. 41/New No. 85, Flat No.1D, First Avenue , Indira Nagar, Adyar, Chennai -20 Appellant(s) Vs 1. V.S.Vaithiyanathan S/o. Late Seshadrinathan, T.M.C.36/931, Devi Nivas, Gangothry Apartments, Paliyam Road, Thrissur 680 001. Respondent(s) AS No. 206 of 2025 1. V.S.Narayanan S/o. Late Seshadrinathan, Old No. 41/New No. 85, Flat No.1D, First Avenue, Indira Nagar, Adyar, Chennai -20 Appellant(s) Vs 1. V.S.Vaithiyanathan S/o. Late Seshadrinathan, T.M.C.36/931, Devi Nivas, Gangothry Apartments, Paliyam Road, Thrissur 680 001. https://www.mhc.tn.gov.in/judis CMP No. 5230 of 2025 Respondent(s) AS No. 205 of 2025 1. V.S.Narayanan S/o. Late Seshadrinathan, No. 85/41, First Avenue , Indira Nagar, Adyar, Chennai -20 Appellant(s) Vs 1. V.S.Vaithiyanathan S/o. Late Seshadrinathan, T.M.C.36/931, Devi Nivas, Gangothry Apartments, Paliyam Road, Thrissur 680 001. Respondent(s) CMP No. 5230 of 2025 PRAYER To grant an order of Interim Stay of the operation of Judgement and decree made in OS No.1715 of 2019 dated 02.04.2024 on the file of VI Additional City Civil Court, Chennai pending the disposal of the above First Appeal. AS No. 206 of 2025 PRAYER To set aside the Judgement and decree dated 02.04.2024 made in OS No.1715 of 2019 on the file of VI Additional City Civil Court, Chennai and to allow the First Appeal. AS No. 205 of 2025 PRAYER To set aside the Judgement and decree dated 02.04.2024 made in OS No.3228 of 2017 on the file of VI Additional City Civil Court, Chennai and to allow the First Appeal. CMP No. 5230 of 2025 For Appellant(s): Mr.S.Kousik For Respondent(s): Mr.R.N.Amarnath https://www.mhc.tn.gov.in/judis CMP No. 5230 of 2025 ORDER (Order of the Court was made by S.M.Subramaniam J.) Admittedly, the partition suit instituted by the appellant was dismissed by the Trial Court. The suit for delivery of possession instituted by the defendant was decreed with mesne profits in his favour. 2. Thus, the balance of convenience is in favour of the respondent/defendant and that being the case, this Court is not inclined to grant any interim order. Consequently, the Civil Miscellaneous Petition stands dismissed. (S.M.SUBRAMANIAM J.) (K.RAJASEKAR J.) 03-04-2025 ssi Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No https://www.mhc.tn.gov.in/judis CMP No. 5230 of 2025 CMP No. 5230 of 2025 To 1.V.S.Vaithiyanathan S/o. Late Seshadrinathan, T.M.C.36/931, Devi Nivas, Gangothry Apartments, Paliyam Road, Thrissur 680 001. AS No. 206 of 2025 To 1.V.S.Vaithiyanathan S/o. Late Seshadrinathan, T.M.C.36/931, Devi Nivas, Gangothry Apartments, Paliyam Road, Thrissur 680 001. AS No. 205 of 2025 To 1.V.S.Vaithiyanathan S/o. Late Seshadrinathan, T.M.C.36/931, Devi Nivas, Gangothry Apartments, Paliyam Road, Thrissur 680 001. https://www.mhc.tn.gov.in/judis CMP No. 5230 of 2025 S.M.SUBRAMANIAM J. AND K.RAJASEKAR J. ssi CMP No. 5230 of 2025 and AS No. 206 of 2025, AS No.205 of 2025 03-04-2025 https://www.mhc.tn.gov.in/judis