Saroja v. Raja
Case brief
What is this about?
Court makes an existing stay on a mandatory injunction decree absolute pending disposal of a Second Appeal, dismissing the petition to vacate the stay.
What did the court decide?
made the stay absolute; closed C.M.P.No.17184 of 2016
What the court decided
C.M.P.No.17184 of 2016 and M.P.No.1 of 2015 in S.A.No.507 of 2015
K.RAVICHANDRABAABU.,J .
C.M.P.No.17184 of 2016 is filed seeking to vacate the stay granted in M.P.No.1 of 2015 in S.A.No.507 of 2015 staying the decree for mandatory injunction.
- Learned counsel appearing for the vacate stay petitioner submitted that the Second Appeal itself can be taken up for final disposal at an early date.
- Considering the fact that the decree is for mandatory injunction and the stay was already granted, this Court is of the view that the stay granted has to be made absolute, pending disposal of the Second Appeal. Accordingly, the stay granted already is made absolute. Consequently, C.M.P.No.17184 of 2016 is closed.
Post the Second Appeal for final disposal on 14.12.2016
14.11.2016
vsi
Parties & counsel
- applicant
Vacate Stay Petitioner
Coram
K.Ravichandrabaabu
Case details
As recorded by the court registry
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