Writ petition filed to quash an appellate order refusing stay on dismissal of suit. Court rejected petition holding no warrant for interference as there was no executable decree to stay. Dismissed.
None. The petition was rejected.
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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 18TH DAY OF AUGUST 2014
BEFORE
THE HON’BLE MR. JUSTICE ANAND BYRAREDDY
WRIT PETITION No.34306 OF 2014 (GM-CPC)
BETWEEN:
Sri. Sanjeeva Reddy, Son of Subba Reddy, 34 years, resident of Bodarahalli, Gummagatta, Kasaba Hobli, Pavagada Taluk 572 116, Tumkur District.
…PETITIONER
(By Shri. G.S. Venkat Subbarao, Advocate) AND:
Smt. Adivakka, Daughter of Adivappa, 30 years, Resident of Dommathamari Village, Kasaba Hobli, Pavagada Taluk 572 116, Tumkur District.
…RESPONDENT
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This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the impugned order dated 1.3.2014 passed by the Itinerary Court of Senior Civil Judge, Pavagada on I.A.I filed under Order 41 Rule 5 CPC., in R.A.No.93/2013 vide Annexure-A.
This Writ Petition is coming on for Preliminary Hearing this day, the court made the following:
O R D E R
Heard the learned counsel for the petitioner who is said
to be the plaintiff who had filed a suit for declaration and injunction which has been dismissed on merits.
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stay having been refused, would cause a miscarriage of justice, for if the other suits should follow the judgment and findings laid down in the present suit, the very pendency of the appeal is rendered redundant and therefore seeks stay of the effect of the dismissal of the suit.
The Lower Appellate Court having considered this very contention and having held that it is not a ground for granting any such stay and further that there is no executable decree which could be stayed and hence, the stay of dismissal of the suit is not warranted, is a good enough reason for rejection of the application. There is no warrant for interference.
The petition is rejected.
Sd/JUDGE
KS
3 issues framed by the court
Whether the High Court should quash the lower appellate court's order refusing a stay on the dismissal of a suit where pendency of other suits by the defendant is a ground.
Whether the refusal to stay the dismissal of a suit on the ground of pendency of other suits by the defendant warrants interference under Articles 226 and 227 of the Constitution.
Whether an execution decree is required to be stayed to justify intervening in an appeal which is a continuation of a suit.
2 provisions across 2 enactments
Sanjeeva Reddy
Adivakka
Anand Byrappa
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
