The Madras High Court granted an interim stay on the operation of a decree in a money recovery suit, subject to the appellants depositing one-third of the decree amount within twelve weeks.
Interim stay on operation of decree granted subject to deposit of one-third decree amount within twelve weeks.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )
Wednesday, the Thirteenth day of September Two Thousand Seventeen
PRESENT
The Honble Mr.Justice M.M.SUNDRESH and The Honble Mr.Justice N.SATHISH KUMAR
CMP(MD) Nos.6243 and 6244 of 2017 IN AS(MD) No.107 of 2017
1 RAMASAMY
2 R. SIVAKUMAR ... PETITIONERS/APPELLANTS
IN BOTH THE PETITIONS
Vs
M/S. KARUR NANBAN CREDITS REPRESENTED BY ITS MANAGING PARTNER P. MURUGESAN, S/O.K. PALANIAPPAN, HAVING OFFICE AT 197/127, 1ST FLOOR, JAWAHAR BAZAAR, KARUR TOWN.
... RESPONDENT/RESPONDENT
IN BOTH THE PETITIONSs
Prayer in CMP(MD). 6243/ 2017 in AS(MD) No.107 of 2017 :
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to grant an order of interim stay of all further proceedings of Judgement and Decree dated 04/08/2016 passed in O.S.NO. 2 of 2013 on the file of the learned Principal District Judge, Karur, pending disposal of the above AS(MD) 107/2017
Prayer in CMP(MD). 6244/ 2017 in AS(MD) No.107 of 2017 : To grant an order of interim stay of operation of Judgement and Decree dated 04/08/2016 passed in O.S.NO. 2 of 2013 on the file of the learned Principal District Judge, Karur, pending disposal of the above AS(MD) 107/2017
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.AL.Kannan, Advocate for the petitioner in both the petitions and of Mr.G.Prabhu Rajadurai, Advocate for the respondents in both the petitions, the court made the following order:-
[Order of the Court was made by M.M.SUNDRESH,J.] This appeal has been filed by the appellant who is the defendant in the suit filed for recovery of money on mortgage.
https://hcservices.ecourts.gov.in/hcservices/ 2.Considering the decree passed, there shall be an order of interim stay, pending disposal of the appeal, on condition that the
appellants shall pay a sum of rupees 1/3rd of the decree amount, within a period of twelve weeks from the date of receipt of a copy of this order to the respondent, failing which, the application will stand dismissed automatically without any further reference of this Court.
3.With the above directions these Civil Miscellaneous petitions are closed.
4.List the matter after twelve weeks for reporting compliance.
/ TRUE COPY /
Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court,
TO
THE PRINCIPAL DISTRICT JUDGE KARUR
+1. C.C. to M/S. VR.SHANMUGANATHAN Advocate SR.No.30760 +1cc to Mr.G.Prabhu Rajadurai, Advocate SR.No.30675
ORDER
IN
CMP(MD) Nos.6243 & 6244 of 2017 IN
AS(MD) No.107 of 2017 Date :13/09/2017 sm:PM-PN:SAR 3:15.9.2017:2P/4C
1 issue framed by the court
Whether to grant an interim stay of the decree pending disposal of the appeal.
RAMASAMY
R. SIVAKUMAR
M/S. KARUR NANBAN CREDITS
M.M.SUNDRESH
N.SATHISH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
