In an original suit appeal regarding a partition action, the Civil Appellate Court granted a stay on all further proceedings pending disposal of the appeal, despite the absence of a counter-affidavit from the respondents.
Stay granted on all further proceedings in O.S.No.15 of 2003 pending disposal of the appeal.
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.
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )
Tuesday, the Twenty Seventh day of June Two Thousand Seventeen
PRESENT
The Hon`ble Mr.Justice C.V.KARTHIKEYAN
CMP(MD) No.1317 of 2017 IN AS(MD) No.25 of 2017
K.R.A. KALAIKUMAR ... PETITIONER/APPELLANT
Vs
1 K.GEETHA
2 VASANTHAMMAL
3 VATSALA DEVI
4 NIRANJANA DEVI
5 KOKILA K.R.A.VIJAYASUNDARAM (DIED)
6 K.R.A.KUMARASAMY
7 K.R.A.RAMANATHAN
8 K.R.A.SIVAPRAKASAM
9 K.R.A. SADASIVAM 10 K.R.A.NAGAMMAL
11 PUSHPAVATHI
12 D.JEGADEESWARI
13 K.SENTHILKUMAR
14 VIJAYALAKSHMI
15 RAGHAVAN
16 MURALIDHARAN
17 VASUKI ... RESPONDENTS/RESPONDENTS
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to stay all further proceedings in O.S.No.15 of 2003 on the file of the Additional District Court, Pudukkottai, and thus render justice.
ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.P.JAMAL MOHAMED, Advocate for the petitioner and of MR.D.RAMESHKUMAR, Advocate for R1 to R5 the court made the following order:-
The appeal has been filed against the judgment and decree dated 29.06.2016, in O.S.No.15 of 2003 on the file of the Additional District Court, Pudukkottai.
https://hcservices.ecourts.gov.in/hcservices/ 2.The suit is filed for partition. The C.M.P.No.1317 of 2017 has been filed seeking stay of all further proceedings. Time was
given for filing counter by the respondents. The learned counsel for the respondents is present. Counter has not been filed. It is made clear that the Trial Court, is permitted to receive an application seeking to pass a final decree, receive counter, appoint an Advocate Commissioner, if deemed necessary and receive report of the Advocate Commissioner, and also receive objections, if any. But there shall be a stay of all further proceedings pursuant to the report of the Advocate Commissioner shall not pass any further orders or initiate further proceedings. The Court thereafter with respect to the final decree application. Stay in above terms is granted pending disposal of this appeal suit.
Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court,
TO
THE ADDITIONAL DISTRICT JUDGE, PUDUKKOTTAI.
+1. C.C. to M/S.D.RAMESHKUMAR Advocate SR.No.25102
CMP(MD) No.1317 of 2017
MKV-PM-PN-SAR 2/3.7.2017/2P-3C
1 issue framed by the court
Whether a stay on further proceedings in a partition suit is warranted pending disposal of an appeal.
K.R.A. KALAIKUMAR
K.GEETHA
VANTHAML
C.V.KARTHIKEYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
