Petitioner sought suspension of a decree. The High Court held suspension was unnecessary as the appellate judgment dismissed the underlying suit. The petition was dismissed as misconceived.
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 )
Monday, the Twelfth day of October Two Thousand Twenty
PRESENT
THE HON`BLE MR JUSTICE R.SUBRAMANIAN CMP.No.11331 of 2020 IN SA.No.525 of 2020 R.MANIVANNAN [ PETITIONER ] Vs 1 R.RAMALINGAM [ RESPONDENTS ] 2 STATE OF TAMIL NADU REPRESENTED BY ITS, THE DISTRICT COLLECTOR, DISTRICT COLLECTOR OFFICE, THIRUVARUR. 3 THE REVENUE DIVISIONAL OFFICER, TAHSILDAR OFFICE,MANNARGUDI, THIRUVARUR DISTRICT. 4 R.GOPAL
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to suspend the Judgement and Decree in AS.NO.46 of 2016 on the file of Honble Sub Court, Mannargudi reversing the Judgment and Decree dated 31.01.2020 in OS.No.106 of 2014 on the file of the learned District Munsif Court, Mannargudi Thiruvarur District till the disposal of the above Second Appeal (IN CMP.No.11331 of 2020).
Order : This petition coming on this day for hearing upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of MRS.P.T.RAMADEVI, Advocate for the petitioner, the court made the following order:-
This application is for suspension of the decree and Judgment.
As a result of the Judgment of the appellate Court in A.S.No.46 of 2016, the suit in O.S.No.106 of 2014 stands dismissed. Therefore, there is no need for suspending the operation of the Judgment and Decree in the suit. Hence this petition is dismissed as misconceived.
-sd/-
12/10/2020
/ TRUE COPY /
Sub-Assistant Registrar ( Statistics / C.S. )
High Court, Madras - 600 104.
TO
1 THE SUBORDINATE JUDGE,
MANNARGUDI.
2 THE DISTRICT MUNSIF,
MANNARGUDI,
THIRUVARUR DISTRICT.
C.C. to MRS.P.T.RAMADEVI Advocate on payment of necessary charges
Order
in
CMP.No.11331 of 2020
IN SA.No.525 of 2020
Date :12/10/2020
From 26.2.2001 the Registry is issuing certified
copies of the Interim Orders in this format
UM(21/10/2020)
1 issue framed by the court
Whether the suspension of the judgment and decree is necessary when the underlying suit is already dismissed.
R. Manivannan
R. Ramalingam
State of Tamil Nadu represented by the District Collector, District Collector Office, Thiruvavarur
Revenue Divisional Officer, Tahsildar Office, Mannargudi, Thiruvavarur District
R. Gopal
R. Subramanian
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
