Ramachandran, v. R.Natarajan
Case brief
What is this about?
In SA No.612 of 2017, petitions were filed seeking a stay on a judgment reversing a refund decree in favor of plaintiffs in a specific performance suit, and to vacate an interim stay. The court made the interim stay absolute and allowed one petition while dismissing the other based on the nature of the decree.
What did the court decide?
Interim stay in CMP No.18615 of 2019 made absolute; CMP No.15183 of 2017 allowed; CMP No.18615 of 2019 dismissed.
What the court decided
A compact analysis
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 Third day of October Two Thousand Nineteen PRESENT THE HON`BLE MR.JUSTICE R.SUBRAMANIAN CMP Nos.15183 of 2017 & CMP.18615 of 2019 in SA No.612 of 2017 1 RAMACHANDRAN, [ 1 TO 8 PETITIONERS IN CMP.15183/2017 & 1 TO 8 RESPONDENTS IN CMP.18615/19 2 C.SARATHA 3 MINOR.KARTHICK REP.BY ITS FRIEND GUARDIAN HIS FATHER RAMACHANDRAN, 4 E.SELVARAJ 5 E.THANGARAJ 6 K.V.GNANASEKARAN 7 BAKIYAM, 8 TAMILARASI Vs R.NATARAJAN [ RESPONDENT IN CMP.15183/2017 and PETITIONER IN CMP.18615/2019]
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.54 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.284 of 2010 on the file of the Principal Subordinate Judge, Salem dated 01/02/2012, (in CMP.15183/2017) and
(2)Vacate the Interim stay granted in CMP No.15183 of 2017 in SA No.612 of 2017 dated 05-10-2017 (in CMP.18615/2019) respectively pending SA No.612 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.15183/2017 and for the respondents in CMP.18615/2019 and of MR.C.PRAKASAM Advocate for the respondent in CMP.15183/2017 and for the petitioner in CM.18615/2019 the court made the following order:-
Issues for consideration
2 issues framed by the court
Whether to grant stay of proceedings in specific performance suit pending second appeal.
Whether to vacate interim stay and make it absolute where the decree is for specific performance.
Parties & counsel
- petitioner
Ramachandran & Others
- respondent
R. Natarajan
Coram
R. Subramanian
Case details
As recorded by the court registry
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