K.Palanichamy v. K.Mohammed Nizar
Case brief
What is this about?
The Court vacated an interim stay order in a revision petition challenging a fair rent fixation. The stay was granted in proceedings arising from a consent decree regarding eviction, which had already reached finality.
What did the court decide?
Interim stay granted in C.M.P(MD) No.11406 of 2016 dated 29/11/2016 is vacated.
What the court decided
A compact analysis
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 )
Friday, the Sixteenth day of June Two Thousand Seventeen
PRESENT
The Hon`ble Dr.Justice G.JAYACHANDRAN
CMP(MD) No.5215 of 2017 IN CRP(MD) No.2420 of 2016
K.PALANICHAMY ... PETITIONER/RESPONDENT/RESPONDENT
Vs
K.MOHAMMED NIZAR ... RESPONDENT/PETITIONER/PETITIONER
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to vacate the order of interim stay dated 29/11/2016 passed in CMP (MD).NO.11406 of 2016 in CRP(MD).NO.2420 of 2016, on the file of this Honourable court.
Prayer in CRP(MD). 2420/ 2016 :
To call for the records and set-aside the order 1.6.2015 passed by the Learned Appellate Authority cum Principal subordinate Judge Madurai in RCA 49 of 2014 confirming the order dt.21.7.2014 of the Rent Controller cum Additional District Munsif Madurai Town in RCOP No.123/2009.
Issues for consideration
1 issue framed by the court
Whether the interim stay granted on condition to pay rent arrears should be vacated due to the tenant's non-compliance and the finality of the eviction decree.
Parties & counsel
- petitioner
K.MOHAMMED NIZAR
- respondent
K.PALANICHAMY
Coram
G.JAYACHANDRAN
Case details
As recorded by the court registry
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