CMP(MD) NO. 3473 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07-08-2026 CORAM THE HONOURABLE MR JUSTICE P.VADAMALAI CMP(MD) NO. 3473 of 2026 in AS(MD) NO. 129 of 2026 1.V.Subramanian 2.V.Kannammal Petitioner(s) Vs S.Purusothaman Respondent(s) For Petitioner(s): Mr.B.Azhagesh, Advocate For Respondent(s): Mr.S.Saravanan, Advocate Prayer : Civil Miscellaneous Petition is filed under Order 41 Rule 5 of the Code of Civil Procedure read with Section 151 of the Code of Civil Procedure, to stay the operation of the judgment and decree passed in O.S.No.265 of 2019 dated 29.10.2025 on the file of the Principal District Court, Tirunelveli, pending disposal of the appeal. 1/4 https://www.mhc.tn.gov.in/judis CMP(MD) NO. 3473 of 2026 ORDER Heard the learned counsel appearing on either side. 2. The learned counsel for the respondent seeks time to file a counter. 3. The learned counsel for the petitioner submits that the plaintiff has already initiated execution proceedings before the trial Court and hence, seeks a stay of the operation of the judgment and decree dated 29.10.2025 passed in O.S.No.265 of 2019. 4. Considering the facts and circumstances of the case, this Court is inclined to grant an interim stay till the disposal of the Appeal Suit in A.S.(MD)No.129 of 2026, subject to a condition. Accordingly, an interim stay is granted till the disposal of the Appeal Suit on the condition that the petitioner shall deposit 25% of the decree amount, along with proportionate accrued interest and costs, to the credit of O.S.No.265 of 2019 on the file of the Principal District Court, Tirunelveli, within a 2/4 https://www.mhc.tn.gov.in/judis CMP(MD) NO. 3473 of 2026 period of four weeks from the date of receipt of a copy of this order, failing which the interim stay granted shall stand vacated without any further reference to this Court. 5. List the main Appeal Suit after four weeks. 07-08-2026 mkn To The Principal District Court, Tirunelveli. 3/4 https://www.mhc.tn.gov.in/judis CMP(MD) NO. 3473 of 2026 P.VADAMALAI, J. mkn CMP(MD) NO. 3473 of 2026 in AS(MD) NO. 129 of 2026 07.08.2026 4/4 https://www.mhc.tn.gov.in/judis