A civil appeal stay application in the Madras High Court where the petitioner sought a stay on a judgment and decree. The court granted an interim order staying only the dispossession under the decree until further orders.
Interim stay of dispossession under the decree passed in the lower court, pending disposal of the appeal.
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 )
Thursday, the Eighth day of November Two Thousand Eighteen
PRESENT
THE HON`BLE MS.JUSTICE P.T.ASHA
in SA No.334 of 2018 1 SUNNATH WALL JAMATH CHINNA [ PETITIONERS ] PALLIVASAL, POLLACHI REP BY ITS PRESIDENT
2 SUNNATH WALL JAMATH CHINNA PALLIVASAL, POLLACHI REP BY ITS SECRETARY BOTH AT OLD.NO.208, NEW.NO.282 MARKET ROAD POLLACHI, COIMBATORE DISTRICT
Vs
S. KANNAN [ RESPONDENT ]
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to Stay the Judgment and Decree passed by the Learned Principal Subordinate Judge, Coimbatore in OS No 403/2005 dated 25/06/2014 and confirmed by the Learned V Additional District and Sessions Judge Coimbatore in AS No 110/2014 dated 13/04/2017 pending disposal of the above SA.No.334 of 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 MR.A.S.VIJAYARAGHAVAN for M/S.S.HAJA MIHIDEEN GISTHI, Advocate for the petitioners the court made the following order:-
There shall be an interim order of stay of dispossession alone in respect of the decree in A.S.No.110 of 2014 against O.S.No.403 of 2005, until further orders.
-sd/-
08/11/2018
/ TRUE COPY /
Sub-Assistant Registrar ( Statistics / C.S. )
High Court, Madras - 600 104.
TO
1 THE VTH ADDITIONAL DISTRICT
AND SESSIONS JUDGE, COIMBATORE.
2 THE PRINCIPAL SUBORDINATE
JUDGE, COIMBATORE.
3 THE SECTION OFFICER
JUDICIAL(NOTICE) SECTION,
HIGH COURT, CHENNAI-104.
(FOR SENDING SUBSTANTIAL QUESTIONS
OF LAW ALONG WITH NOTICE)
C.C. to M/S.S.HAJA MIHIDEEN GISTHI Advocate SR.NO. 13694
Order
in
CMP.9359/2018
in SA.334/2018
Date :08/11/2018
From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format VS 20.11.2018
1 provisions across 1 enactments
Sunnath Wall Jamath Chinna Pallivasal, Pollachi
S. Kannan
P.T. ASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
