The High Court of Madras, in a civil application seeking recall of an order of status quo dated 25.10.2016 on the ground of factual error regarding property alienation, discharged the application and directed the registry to post the matter for framing issues.
Application for recall of the order dismissed but matter posted for framing of issues
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS (ORDINARY ORIGINAL CIVIL JURISDICTION) FRIDAY, THE 20TH DAY OF OCTOBER 2017 THE HON'BLE MR. JUSTICE R.SUBRAMANIAN A.No.2009 of 2017 in C.S.No.301 of 2013 1.Mrs.Uma Ashok No.7A, 3rd Floor, Warren Road, Mylapore, Chennai -600 004 2.Mr.A.Srinivasa Ragavan, No.7A, 3rd Floor, Warren Road, Mylapore, Chennai -600 004 3.Mr.A.Veeraraghavan, No.7A, 3rd Floor, Warren Road, Mylapore, Chennai -600 004 4.Mrs.Kousalya Parthasarathy, No.24, Desika Sadan, 28th Cross Street, Besant Nagar, Chennai - 600 090 5.Mrs.Usha Desikan, No.58/93, 'Sri Ranga' East Chithirai Street, Srirangam 620 006 6.Mrs.Sheela Ashok Kumar, 198, I Floor, 14th Cross street, III Main Road, RMV II Stage, Bangalore - 560 094 ...Plaintiffs vs 1.Mr.S.Ravindran, H-119/3, 33rd Cross Street, Besant Nagar, Chennai - 600 090 2.Mr.S.Krishnamachari, 303, Ramaaratan Street, 3rd Floor, Govanpada Junciton, Mulund East, Mumbai -400 081
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3.Mr.S.Badri Narayaan, No.10, Gregory Place, Hillsborough, Auckland, New Zealand ..Defendants
A.No.2009 of 2017:
1.Mrs.Uma Ashok No.7A, 3rd Floor, Warren Road, Mylapore, Chennai -600 004 2.Mr.A.Srinivasa Ragavan, No.7A, 3rd Floor, Warren Road, Mylapore, Chennai -600 004 3.Mr.A.Veeraraghavan, No.7A, 3rd Floor, Warren Road, Mylapore, Chennai -600 004 4.Mrs.Kousalya Parthasarathy, No.24, Desika Sadan, 28th Cross Street, Besant Nagar, Chennai - 600 090 5.Mrs.Usha Desikan, No.58/93, 'Sri Ranga' East Chithirai Street, Srirangam 620 006 6.Mrs.Sheela Ashok Kumar, 198, I Floor, 14th Cross street, III Main Road, RMV II Stage, Bangalore - 560 094 ...Applicants vs 1.Mr.S.Ravindran, H-119/3, 33rd Cross Street, Besant Nagar, Chennai - 600 090 2.Mr.S.Krishnamachari, 303, Ramaaratan Street, 3rd Floor, Govanpada Junciton, Mulund East, Mumbai -400 081. ...Respondents Application praying that this Hon'ble Court be pleased to recall the order dated 25.10.2016 passed in Application No.406 of 2013.
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This Application coming on this day before this court
for hearing the court made the following order:
This Application has been filed to recall the order dated 25.10.2006. The main ground on which the Applicant seeks recall of the order is that the order proceeds on the basis that there has been alienation of property on 04.02.2013, which is factually wrong.
Sd/-R.S.M.J
20.10.2017
//Certified to be a true copy//
Dated this the th day of 2017.
EM/23.10.2017 COURT OFFICER
From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.
3 issues framed by the court
Whether the order of status-qu assumed on alienation of property necessitates recall.
Whether the application for recall of the order of status - quo is maintainable.
Whether the application for framing of issues can be postponed.
SUMA ASHOK & ORS.
S. RAVINDRAN & ORS.
R. SUBRAMANIAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
