E.Selvaraj v. R.Natarajan
Case brief
What is this about?
The High Court of Madras disposed of two connected civil petitions. The court held that vacating an interim stay would render a specific performance appeal infructuous and ordered the interim stay to remain in force.
What did the court decide?
Interim order dated 05.10.2017 was made absolute; CMP No.15182 of 2017 allowed; CMP No.18613 of 2019 dismissed.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Civil Appellate Jurisdiction )
Thursday, the Third day of October Two Thousand Nineteen PRESENT
THE HON`BLE MR.JUSTICE R.SUBRAMANIAN
CMP No.15182 of 2017 and CMP No.18613 of 2019
in SA No.611 of 2017
1 E.SELVARAJ [ 1 TO 5 PETITIONERS IN CMP.15182/17
& 1 TO 5 RESPONDENTS IN CMP.18613/19]
2 BAKKIAM,
3 RAMACHANDRAN,
4 C.SARATHA
5 TAMILARASI
Vs
R.NATARAJAN [ RESPONDENT IN CMP.15182/17
& PETITIONER IN CMP.18613/19]
Petitions praying that in these circumstances stated therein and in the respective affidavits filed therewith the High Court will be pleased to
(1)grant stay of all further proceedings of the judgment and decree made in AS.No.49 of 2012 on the file of the III Additional District Judge,Salem dated 17/08/2016 reversing the judgment and decree made in OS.No.285 of 2010 on the file of the Principal Subordinate Judge, Salem dated 01/02/2012, (in CMP.15182/2017) and
(2)Vacate the Interim stay granted in CMP No.15182 of 2017 in SA No.611 of 2017 dated 05-10-2017 (in CMP.18613/2019) respectively pending SA No.611 of 2017.
Order :These petitions coming on for orders upon perusing the petitions and the respective affidavits filed in support thereof and upon hearing the arguments of M/S.B.KUMARASAMY, Advocate for the petitioners in CMP.15182/2017 and for the respondents in CMP.18613/2019 and of MR.C.PRAKASAM Advocate for the respondent in CMP.15182/2017 and for the petitioner in CMP.18613/2019 the court made the following order:-
Issues for consideration
1 issue framed by the court
Whther the interim stay in CMP No.15182 of 2017 should be made absolute against the application to vacate in CMP No.18613 of 2019.
Parties & counsel
- petitioner
1 E.SELVARAJ
- respondent
R.NATARAJAN
Coram
R.SUBRAMANIAN
Case details
As recorded by the court registry
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