The High Court allowed a petition to stay proceedings in a civil suit subject to the condition that the trial court continues with the case but does not pass the final decree while the appeal against the preliminary decree is pending.
Stayed further proceedings in the main suit except the passing of the final decree.
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.
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.14196 of 2018
IN AS.554/2018
GAJARAJAN [ PETITIONER ]
Vs GANDHIMATHI SELVAM [ RESPONDENT ]
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 in OS.3/2016 on the file of the III Additional District Court, Vellore at Tirupattur, (in CMP No.14196 of 2018) pending disposal of this AS.554/2018.
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.V.RAGHAVACHARI, Advocate for the petitioner and of M/S.M.SIVAVARTHANAN for Caveator on behalf of the Respondents the court made the following order:-
Heard the parties. Since the Appeal has been filed against the preliminary Decree, the trial Court is permitted to go ahead with other proceedings, except passing of final Decree.
Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.
TO
THE III ADDITIONAL DISTRICT
JUDGE, VELLORE AT TIRUPATTUR.
C.C. to M/S.V.RAGHAVACHARI Advocate SR.No.10125 C.C.to M/S.M.SIVAVARTHANAN for caveator Advocate SR.No.10137
The Government Advocate, High Court, Madras - 104.
Order
in
CMP.14196/2018
in
AS.554/2018
Date :28/08/2018
From 26.2.2001 the Registry is issuing certified
copies of the Interim Orders in this format
VC (31/08/2018)
1 issue framed by the court
Whether the filing of an appeal against a preliminary decree precludes the trial court from proceeding with other steps except passing the final decree.
GAJARAJAN
GANDHIMATHI SELVAM
N. KIRUBAKARAN
ABDUL QUDDHOSE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
