P.Palanivel v. Devaki
Case brief
What is this about?
Petitioner filed a petition for interim stay against a judgment and decree. The High Court dismissed the petition as misconceived since the underlying suit was already dismissed by the appellate court.
What did the court decide?
The petition for interim stay was dismissed.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Civil Appellate Jurisdiction ) Monday, the Fifth day of October Two Thousand Twenty PRESENT
THE HON`BLE MR JUSTICE R. SUBRAMANIAN
CMP No.10942 of 2020
in SA.NO.509/2020
P.PALANIVEL [ PETITIONER ]
Vs
1 DEVAKI [ RESPONDENTS ]
2 DEVA. SHANMUGAM
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to order interim stay of the operation of the Decree and Judgement in AS 86/2016 dt. 06/12/2019 on the file of Subordinate Judges Court, Kallakurichi, as against the Judgement and Decree made in OS No. 122/2010 dt. 18/11/2014 on the file of Principal District Munsif Court, Kallakurichi, (CMP.No.10942/2020) pending disposal of the SA.No.509/2020
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.S.R.SUMATHY, Advocate for the petitioner the court made the following order:-
The petition for Interim stay is misconceived in as much as the suit in O.S.No.122 of 2010 stands dismissed as a result of the Judgment of the Appellate Court in A.S.No.86 of 2016. Hence, this stay petition is dismissed.
-sd/05/10/2020 / TRUE COPY /
Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.
Issues for consideration
2 issues framed by the court
Whether an interim stay petition should be allowed when the underlying suit has already been dismissed.
Whether the High Court should pass an order staying the operation of a decree from a lower court.
Parties & counsel
- petitioner
Palanivel
- respondent
Devaki
- respondent
Deva. Shanmugam
Coram
Case details
As recorded by the court registry
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