Three Civil Miscellaneous Petitions were heard regarding a stay on proceedings in an original suit, an injunction against encumbrance of property, and permission to receive a declaration. The interim stay was made absolute.
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 )
Wednesday, the Sixth day of March Two Thousand Nineteen
PRESENT
THE HON`BLE MR.JUSTICE M.M.SUNDRESH
THE HON`BLE MR.JUSTICE C.SARAVANAN
CMP Nos.3400 to 3402 of 2018
in AS No.107 of 2018
AJAGAYA LE BEAU CHRISTIAN [ PETITIONER IN ALL THE PETITIONS ] ANTOINE BALLA
Vs
LOUIS ANTOINETTE EUGENIE [ RESPONDENT IN ALL THE PETITIONS ] NOELINE
Petitions praying that in the circumstances stated therein and in the respective affidavits filed therewith the High Court will be pleased to Stay all further proceedings in pursuant to the decree and judgment in OS No 25/2012 dated 28/09/2017 (in CMP.3400/2018) ;
(ii)To pass an order of Injunction restraining the respondent herein her men and agents from encumbering or damaging it in any manner or causing alterations to the suit A schedule property which is the subject matter in (in CMP.3401/2018)and
(iii) To permit the petitioner to receive the declaration Dt 09/03/2001 Additional Exhibit in AS SR 94085/2017(in CMP.3402/2018) respectively pending AS NO.107 of 2018.
SL.NO. DATE DOCUMENT 1 09.03.2001 Declaration
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.M.B.DAMININE Advocate for the petitioner in all the petitions and of MR.R.THIAGARAJAN Advocate for the respondent in all the petitions https://hcservices.ecourts.gov.in/hcservices/ the court made the following order:-
Interim stay already granted is made absolute. Post for final hearing on 15.4.2019.
-sd/-
06/03/2019
/ TRUE COPY /
Sub-Assistant Registrar ( Statistics / C.S. )
High Court, Madras - 600 104.
TO
1 THE JUDGE
FAMILY COURT, PONDICHERRY.
C.C. to M/S.M.B.DOMINIQUE Advocate on payment of necessary
charges
Order
in
CMP.Nos.3400 to 3402/2018
in
AS.107/2018
Date :06/03/2019
From 26.2.2001 the Registry is issuing certified
copies of the Interim Orders in this format
VS 02.03.2018 VS 14.08.2018 RRI 27/09/2018
VS 19.03.2019
A Jagaya Le Beau Christian
Louis Antoinette Eugenie
M.M.Sundresh
C.Saravanan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
