K.Gandhi v. D.Usha
Case brief
What is this about?
Petitioner sought a stay on the decree in A.S.No.157 of 2017 which dismissed a suit. The Court dismissed the petition as unnecessary because there was no executable decree following the dismissal.
What did the court decide?
The stay petition was dismissed as unnecessary.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Civil Appellate Jurisdiction )
Tuesday, the First day of October Two Thousand Nineteen
PRESENT
THE HON`BLE MR JUSTICE R. SUBRAMANIAN
CMP No.21256 of 2019
and S.A.NO.992 of 2019
K.GANDHI [ PETITIONER ]
Vs
1 D.USHA [ RESPONDENTS ]
2 R.S.SRIDHAR
3 N.MANICKAVEL
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to stay the operation of the Decree and Judgment made in AS No.157 of 2017 on the file of the I Additional District and Sessions Judge, Vellore, reversing the decree and Judgment made in OS No.142/2010, dt. 25.04.2017 on the file of the Subordinate Court, Vellore (in CMP.No.21256/2019) pending disposal of the above SA.No.992/2019
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.KANNAN KUMAR, Advocate for the petitioner and of M/S. A. RAJENDRAKUMAR, Advocate for Caveator on behalf of the Respondents the court made the following order:-
This petition has been filed seeking stay of operation of the judgment and decree in A.S.No.157 of 2017. By the judgment and decree in A.S.No.157 of 2017, the suit in O.S.No.142 of 2010 has been dismissed, hence, there is no executable decree. Therefore the stay petition is dismissed as unnecessary.
Parties & counsel
- petitioner
K. GANDHI
- respondent
D. USHA
Coram
R. SUBRAMANIAN
Case details
As recorded by the court registry
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