M Andi v. T Chandra
Case brief
What is this about?
In this civil miscellaneous petition for stay, the High Court observed that the underlying suit was already dismissed regarding the property in question. Consequently, the court held the petition misconceived and dismissed it.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Civil Appellate Jurisdiction )
Monday, the Twenty First day of December Two Thousand Twenty
PRESENT
The Hon`ble Mr Justice R.SUBRAMANIAN
CMP No.14071 of 2020
IN SA.NO.680 OF 2020
M. ANDI [ PETITIONER ]
Vs
1 T CHANDRA [ RESPONDENTS ]
2 A.KANNAN
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to stay of the operation of the Judgment and decree dated 21.08.2019 passed by the learned II Additional Subordinate Judge, Salem in AS.28/2019 partly reversing the Judgment and decree dated 26.09.2018 passed by the learned Ist Additional District Munsif, Salem in OS.No.448 of 2015 in respect of the 1st item of the suit property (in CMP.14071/2020) in SA.NO.680/2020.
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.L.MOULI, Advocate for the petitioner the court made the following order:-
This petition for stay is misconceived, inasmuch as, the suit has been dismissed with reference to the first item of property. Hence this Civil Miscellaneous Petition is dismissed.
-sd/21/12/2020 / TRUE COPY /
Issues for consideration
1 issue framed by the court
Whether a stay petition should be dismissed when the underlying suit has already been dismissed on the specific item.
Parties & counsel
- petitioner
M. ANDI
- respondent
T CHANDRA
Coram
R.SUBRAMANIAN
Case details
As recorded by the court registry
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