Valli v. Periyammal
Case brief
What is this about?
In a partition suit where the final decree has been passed, the High Court refused to vacate an interim stay upon a petitioner's application, observing that the suit is for partition with a final decree pending appeal.
What did the court decide?
None. The petition seeking to vacate the interim stay was dismissed.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Civil Appellate Jurisdiction )
Tuesday, the Fifteenth day of October Two Thousand Nineteen
PRESENT
THE HON`BLE MR.JUSTICE R.SUBRAMANIAN
CMP No.4732 of 2019
in SA No.548 of 2018
VALLI [ PETITIONER ]
Vs
1 PERIYAMMAL [ RESPONDENTS ]
2 SIVA
3 DHANALAKSHMI
4 THANGAVEL
5 RAMAMURTHY
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to vacate the interim stay granted by this Hon`ble Court in CMP.No.16045 of 2018 in SA.548/2018 dated 31.01.2019 pending SA No.548 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 M/S.R.VENKATESH, Advocate for the petitioner the court made the following order:-
The interim stay was granted on 31.01.2019. The respondents have come up with this petition for vacating the stay. Since the suit is one for partition and final decree has already been passed, if stay is vacated pending appeal, delivery would be effected. The appellant/ petitioner would be put to irreparable hardship.
Issues for consideration
2 issues framed by the court
Whether the interim stay granted in a partition suit should be vacated upon filing a petition to do so.
Whether the petitioner would suffer irreparable hardship if the stay is made absolute.
Parties & counsel
- petitioner
VALLI
- respondent
PERIYAMMAL
- respondent
SIVA
- respondent
DHANALAKSHMI
- respondent
THANGAVEL
- respondent
Case details
As recorded by the court registry
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