CMP NO. 26857 OF 2024 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 15-09-2025 CORAM THE HONOURABLE MR.JUSTICE P.B. BALAJI CMP NO. 26857 OF 2024 in AS No. 999 of 2024 1. Unnathal W/o. late K.Palanisamy Gounder, No.3/35, Karrukkampalayam Village, Avinashi Taluk-641654. 2. Suseela W/o. late Shanmugam, Residing at No.224, Nehru Street, Avinashi Post, Avinashi Taluk-641 654 3. Selvi Sonia D/o. late Shamugam, Residing at No.224, Nehru Street, Avinashi Post, Avinashi Taluk-641 654 4. Selvi. Sowmiya D/o. late Shanmugam, Residing at No.224, Nehru Street, Avinashi Post, Avinashi Taluk-641 654 5. Thiru P.Rajendran S/o. late K.palanisamy Gounder, 1/9 https://www.mhc.tn.gov.in/judis CMP NO. 26857 OF 2024 No.191, Kovai Stationery and Xerox Shop, Avinashi-Tiruppur Main Road, Thirumuganpoondi Post, Avinashi Taluk-641 654. P.Ganesan (died) 6. P Natarajan S/o. Late palanisamy gounder, No.18/289, Kamarajar Nagar, Cheyur Road, Avinashi Post, Avinashi Taluk- 641 654. Sundarambal (Died) 7. Selvi Niranjana D/o. Arumugham, Residing at Sundarambal Line House 287, Elanthai Kadai Thottam, Gandhi Road, near Dr.Arumugam Hospital, Anupparpalayam, Anupparpalayam Post, Tiruppur Taluk. 8. Praveen S/o. Late Arumugham, Rep by Guardinan Mother Tmt.Sundarambal, Residing at Sundarambal Line House 287, Elanthai Kadai Thottam, Gandhi Road, near Dr.Arumugam Hospital, Anupparpalayam, Anupparpalayam Post, Tiruppur Taluk 9. Chitra 2/9 https://www.mhc.tn.gov.in/judis CMP NO. 26857 OF 2024 W/o. Late P.Ganesan, Residing at No.228, Nehru Street, Avinashi Post, Avinashi Taluk-641 654 10. Selvi Bharathi D/o. Late P.Ganesan, Residing at No.228, Nehru Street, Avinashi Post, Avinashi Taluk-641 654 11. Samyuktha D/o. Late P.Ganesan, Residing at No.228, Nehru Street, Avinashi Post, Avinashi Taluk-641 654 Appellant(s) Vs 1. Maragatham W/o. late Subrmanian, Residing at No.1/15A, karrukampalayam Village, Avinashi Taluk. 2.Chitradevi W/o. late S.Devaraj, Residing at No.1/15A, karrukampalayam Village, Avinashi Taluk. 3.Minor. Dharun S/o. Late S.Devaraj, Rep by Guardian mother Tmt. Chitradevi, 3/9 https://www.mhc.tn.gov.in/judis CMP NO. 26857 OF 2024 Residing at No.1/15A, Karrukampalayam Village, Avinashi Taluk. 4.Minor. Dharnika D/o. Late S.Devaraj, Rep by Guardian mother Tmt.Chitradevi, Residing at No.1/15A, Karrukampalayam Village, Avinashi Taluk. 5.Thirunavukkarasu S/o. Late Subramaniam, Residing at No.1/15A, Karrukampalayam Village, Avinashi Taluk. 6.K.Kumarasamy S/o. Late Karuppa Gounder, Residing at No.1/2-3, Karrukkampalayam Village, Avinashi Taluk 7.K Kittusamy S/o. late Karuppagounder, No.9/41, Jeeva Nagar, Sathy main Road, Sirumugai, K.Arumugham(died) 8.A. Dhanalakshmi W/o. Late Arumugham, Residing at No.44B, Thennampalayam Road, Annur, Avinashi Taluk. 4/9 https://www.mhc.tn.gov.in/judis CMP NO. 26857 OF 2024 9.A Kathirvel S/o. Late Arumugham, Residing at No.44B, Thennampalayam Road, Annur, Avinashi Taluk. 10.A Mounaguru S/o. late Arumugham, Residing at No.44B, Thennampalayam Road, Annur, Avinashi Taluk 11.Ramathal D/o. Late karuppa Gounder, No.44B, Thennampalayam Road, Annur, Avinashi Taluk. Respondent(s) PRAYER : This Civil Miscellaneous Petition is filed under Section 151 of Code of Civil Procedure, to stay the operation of the Judgment and Decree dated 18-03-2024 made in O.S.No.238/2014 on the file of the Principal District Court, Tiruppur and thus render justice. For Appellants : Mr.N.Krishnakumar For Respondents : Mr.N.S.Suganthan For R1 to 8 and 10 5/9 https://www.mhc.tn.gov.in/judis CMP NO. 26857 OF 2024 ORDER Heard Mr.N.Krishnakumar, learned counsel for the appellants. Heard Mr.N.S.Suganthan, learned counsel for the respondents 1 to 8 and 10. 2. This Court vide order dated 29.11.2024 has granted interim stay of the operation of preliminary decree. 3. Mr.N.S.Suganthan, learned counsel for the respondents 1 to 8 and 10 would state that the suit is of the year 2014 and atleast the final decree proceeding can go on, so that, the parties will be saved of valuable time, in the event of, the first appeal also been disposed of in future. 4. Mr.N.Krishnakumar, learned counsel for the appellants/petitioners however opposed the request for modification of the order of interim stay and would invite my attention to the order dated 29.11.2024, where this Court has taken into account of all these factors and proceeded to grant an interim stay of the operation of preliminary decree. 6/9 https://www.mhc.tn.gov.in/judis CMP NO. 26857 OF 2024 5. I have carefully heard the submissions made by the learned counsel on either sides and perused the materials available on record. 6. Admittedly, two suits were tried together viz., O.S.No.238 of 2014 and and O.S.No.121 of 2009. The present appeal is directed against the preliminary decree passed in O.S.No.238 of 2014 and it is also brought to the notice that an appeal has been preferred as against the judgment and decree in O.S.No.121 of 2009 as well, since both the suits were disposed of by a common judgment dated 18.03.2024. 7. This Court, while admitting and taking up the appeal suits, arising from partition decrees, usually grant stay of passing of the final decree and not a blanket stay of entire operation of the preliminary decree. 8. I do not see any special circumstances, warranting a blanket interim stay in the present appeal. Hence, I am inclined to modify the order dated 7/9 https://www.mhc.tn.gov.in/judis CMP NO. 26857 OF 2024 29.11.2024, restricting into passing of the final decree alone. Therefore, the interim stay is for passing of the final decree alone and other proceedings upto the said stage shall go on. 9. In view of the above, this Civil Miscellaneous Petition is disposed of in the above terms. 10. Post the appeal for hearing after three weeks. 15-09-2025 jd Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No To The Principal District Court, Tiruppur. 8/9 https://www.mhc.tn.gov.in/judis CMP NO. 26857 OF 2024 P.B.BALAJI J. jd CMP NO. 26857 OF 2024 in AS No. 999 of 2024 15-09-2025 9/9 https://www.mhc.tn.gov.in/judis