Aggrieved by the passing of Ext.P1 supplementary preliminary decree against which an appeal has been filed as Ext.P2 in which the delay condonation petition to condone delay in filing the appeal and also petition for stay of operation of the supplementary preliminary decree were moved by the petitioner and since the delay condonation petition has not been considered, no orders have been passed on the stay petition, the petitioner has approached this Court. The petitioner apprehends that final decree proceedings as per Ext.P5 may be passed making his Ext.P2 appeal infructuous. 2. After hearing the learned counsel for the petitioners, there seems to be no real grievance for the petitioners in the sense that even assuming that there is some irregularity in passing of the supplementary preliminary decree, shares allotted to the plaintiffs as per the initial preliminary decree have not
O.P.(Civil) No.2252/2014 2
undergone any changes nor have they got a case that any of their rights are affected. The only grievance is that the earlier preliminary decree is not get amended instead a supplementary preliminary decree is passed especially when the final decree proceedings are pending from the initial preliminary decree.
3. Though the contention may look attractive, it may not have much substance. As far as the right of the petitioners is concerned, passing of supplementary preliminary decree does not have any consequence and the petitioners' rights are not affected.
Whatever that be, any final decree passed in terms of Ext.P5 shall be subject to the result of Ext.P2 appeal.
This Original Petition is disposed of as above.
Sd/-
P.BHAVADASAN JUDGE smp // True Copy // P.A. to Judge.