The Appellate Court held the petition for interim stay of proceedings in a dismissed partition suit as not maintainable. However, liberty was granted to the appellant to apply if a threat or alienation arises.
Liberty granted to appellant to file appropriate application if there is any threat or alienation.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )
Wednesday, the Twelfth day of July Two Thousand Seventeen
PRESENT
The Honble Mr.Justice M.M.SUNDRESH and The Honble Mr.Justice N.SATHISH KUMAR
CMP(MD) No.639 of 2016
IN
AS(MD) No.9 of 2016
E.A.A.MOHAMMED SIDDIQ ... PETITIONER/APPELLANT
Vs
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to pass an order of interim stay of all further proceedings of the impugned judgment and decree dated 31.08.2015 passed in O.S.No.7 of 2006 on the file of the Additional District Court, Theni District, https://hcservices.ecourts.gov.in/hcservices/ (sitting at Periyakulam).
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. M.PONNIAH, Advocate for the petitioner and of MR.B.RAJESH SARAVANAN, Advocate for the Respondents 1,2,4 to 8 the court made the following order:-
This Petition is not maintainable in as much as the suit filed for partition and separate possession was dismissed. However, liberty is given to the appellant to file appropriate application, if there is any threat or alienation.
sd/-
12/07/2017
/ TRUE COPY /
Madurai Bench of Madras High Court,
TO
THE ADDITIONAL DISTRICT JUDGE, THENI DISTRICT (SITTING AT PERIYAKULAM)
CSL/CM/MSA/SAR-I-17.7.17-2P-2C
2 issues framed by the court
Whether the petition seeking interim stay of proceedings in a suit dismissed for partition is maintainable.
Whether liberty should be granted to file appropriate applications against alienation.
E.A.A.MOHAMMED SIDDIQ
E.A.A.JALALUDEEN
E.A.A.JAMEEMDEEN
A.PULKEES BEEVI
M.M.SUNDRESH
N.SATHISH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
