A.Revathi v. G.Banumathi
Case brief
What is this about?
Appeal against preliminary decree stayed. Held, trial court can proceed with other proceedings except passing of final decree while appeal is pending. CMP ordered.
What did the court decide?
Application is dismissed; trial court permitted to proceed with proceedings except passing final decree.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Civil Appellate Jurisdiction )
Tuesday, the Twenty Eighth day of August Two Thousand Eighteen
PRESENT
THE HON`BLE MR JUSTICE N. KIRUBAKARAN
AND
THE HON`BLE MR JUSTICE ABDUL QUDDHOSE
CMP No.13312 of 2018
IN AS.525/2018
A.REVATHI [ PETITIONER ]
Vs
1 G.BANUMATHI [ RESPONDENTS ]
2 G.ROSAIAH
3 G.SARASWATHI
4 S.PUSHPA
5 B.SUMATHI
6 G.BALARAMAN
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to
To stay all further proceedings, pursuant to the preliminary decree and judgement dated 08.02.2018, passed in the suit in O.S.No.3209/2016, on the file of the XVIII Additional City Civil Judge at Chennai, (in CMP No.13312 of 2018) pending disposal of the IN AS.525/2018.
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.RAJA, Advocate for the petitioner and of M/S.R.KRISHNASWAMY on behalf of the 1 & 2 Respondents the court made the following order:-
Issues for consideration
1 issue framed by the court
Whether the trial court is permitted to proceed with other proceedings after filing of appeal against preliminary decree.
Parties & counsel
- petitioner
A. REVATHI
- respondent
G. BANUMATHI
- respondent
G. ROSIAH
Coram
Case details
As recorded by the court registry
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