In this civil miscellaneous petition seeking a stay of the judgment and decree in a first appeal, the Hon'ble Court observed that the first appeal had dismissed the suit. Consequently, the Court held there was nothing to be stayed and dismissed the petition.
Order dismissing the civil miscellaneous petition seeking stay of judgment.
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.
CMP(MD) No.12265 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )
Tuesday, the Seventeenth day of December Two Thousand Nineteen
PRESENT
The Hon`ble Mr.Justice R.SUBRAMANIAN
CMP(MD) No.12265 of 2019 IN
SA(MD) No.609 of 2019
U.A.RAMANATHA PILLAI ... PETITIONER/ APPELLANT
Vs
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to stay the judgement and Decree passed in A.S. No. 15/2015 dated 27.08.2019 on the file of the Subordinate Judge, Uthamapalayam set aside the judgement and Decree of O.S. NO. 280 /2010 on the file of the District Munsif, Uthamapalayam dated 21.04.2015 pending disposal of the above Second Appeal.
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.G.SOLAIRAJA, Advocate for the petitioner and of MR.R.SURIYANARAYANAN, Advocate on behalf of the Respondents, while admitting the SA., the court made the following order:-
This petition has been filed seeking stay of the judgment and decree in A.S.No.15 of 2015.
1/2
CMP(MD) No.12265 of 2019
sd/-
17/12/2019
/ TRUE COPY /
Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO
1 THE SUBORDINATE JUDGE, UTHAMAPALAYAM.
2 THE DISTRICT MUNSIF, UTHAMAPALAYAM.
ORDER IN CMP(MD) No.12265 of 2019 IN SA(MD) No.609 of 2019 Date :17/12/2019 ta
JM/VR/SAR 4/02.01.2020/2P/3C
2/2
1 issue framed by the court
Whether a stay order can be granted when the first appeal has resulted in the dismissal of the suit.
1 provisions across 1 enactments
U.A.RAMANATHA PILLAI
THIRUPATHY @ VENKATASAMY
SARASWATHY
SIVAKUMAR
POUNTHAI
INDURANI
R.SUBRAMANIAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
