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2025 DAILYLAW 4426 (MAD)

DHANALAKSHMI (DIED) 1.K.P.Suresh v. Karupayee

CMP/30452/2025 · 2026-04-02

S Sounthar

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CMP No. 30452 of 2025 __________ Page1 of 3 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 02-04-2026 CORAM THE HON'BLE MR.JUSTICE S. SOUNTHAR CMP No. 30452 of 2025 in S.A.No.804 of 2025 Dhanalakshmi (Died) 1. K.P.Suresh 2. P.Geetha Rani (cause title accepted vide court order dated 26.09.2025 made in C.M.P.No.15509/2025 in S.A.Sr.no.175299/2024(KGTJ)) ..Appellant(s) Vs 1. Karupayee 2. Palanisamy ..Respondent(s) Prayer:- Civil Miscellaneous Petition is filed under Section 151 of C.P.C., pleased to stay all further proceedings in EP.No.33 of 2023 on the file of the Subordinate Court, Paramathi, Namakkal. For Appellant(s): Mr.C.Jagadish For Respondent(s): Mr.N.Manokaran ORDER The present Second Appeal is arising out of suit for bare injunction filed by the appellants restraining the respondents from interfering with their peaceful possession and enjoyment of the suit property in O.S.No.453 of 2011, on the file of Principal District Munsif, Namakkal. Pending the Second Appeal, the petitioners/appellants filed stay petition seeking stay of E.P.No.33 of 2023 pending on the file of Subordinate Court, Paramathi. The said Execution petition has been filed by the respondents seeking execution of decree for https://www.mhc.tn.gov.in/judis CMP No. 30452 of 2025 __________ Page2 of 3 specific performance passed in O.S.No.523 of 1994. The instant stay petition filed by the petitioners/appellants seeking stay of Execution of decree passed in some other suit is not at all maintainable. Therefore, this Court is not inclined to entertain the same. Accordingly, the Civil Miscellaneous Petition is dismissed. 02-04-2026 ep https://www.mhc.tn.gov.in/judis CMP No. 30452 of 2025 __________ Page3 of 3 S.SOUNTHAR, J. ep CMP No. 30452 of 2025 in S.A.No.804 of 2025 02-04-2026 https://www.mhc.tn.gov.in/judis