This meritless order converted an interim stay granted on the date of a final decree into an absolute stay in Civil Appeal No. 76 of 2011, pending its disposal. The appellant had sought a stay under Order 41 Rule 5 CPC.
The interim stay order dated 22.07.2019 on the passing of the final decree was made absolute.
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.
C.M.P.No.14552 of 2019 in A.S.No.514 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.09.2020
CORAM:
THE HON'BLE Mr. JUSTICE R.MAHADEVAN
C.M.P.No.14552 of 2019 in
Appeal Suit No.514 of 2019
K.E.Kothandaraman
S/o.Late.K.V.Ehtirajulu Chettiyar ... Petitioner/
Appellant
Vs
1. S.Banumathy
W/o.J.Srinivasan
2.K.E.Jayaraman
S/o.Late.K.V.Ehtirajulu Chettiyar
3.K.E.Dayalan
S/o.Late.K.V.Ehtirajulu Chettiyar
4.Dr.C.V.Sumitra Devi
D/o.Late.Rajalakshmi .... Respondents /
Respondents
C.M.P.No.14552 of 2019:- Miscellaneous Petition filed under Order 41
Rule 5 of the C.P.C. to pass an order thereby staying the operation of the judgment and decree of the III Additional Judge, City Civil Court, Chennai in O.S.No.932 of 2013 dated 25.10.2018, till the disposal of the above Appeal.
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C.M.P.No.14552 of 2019 in A.S.No.514 of 2019
AS.No.76 of 2011:- Appeal Suit filed under Section 96 of the Code of Civil Procedure to set aside the judgment and decree of the III Additional Judge, City Civil Court, Chennai in O.S.No.932 of 2013 dated 25.10.2018.
For Petitioner : Mr.B.Murugavel
For Respondents : Mr.A.R.Palanisamy
O R D E R
In this petition, by order dated 22.07.2019, this Court granted an
order of interim stay in respect of passing of final decree alone.
Thereafter, the matter has been kept pending till date. Hence, the interim
order already granted is made absolute and this petition is ordered
accordingly.
03.09.2020 mtl
To
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C.M.P.No.14552 of 2019 in A.S.No.514 of 2019
III Additional Judge, City Civil Court, Chennai
R.MAHADEVAN, J.
mtl
C.M.P.No.14552 of 2019 in
Appeal Suit No.514 of 2019
03.09.2020
(1/2)
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1 issue framed by the court
Whether to make an interim stay order on the passing of a final decree absolute.
1 provisions across 1 enactments
K.E.Kothandaraman
S.Banumathy
K.E.Jayaraman
K.E.Dayalan
Dr.C.V.Sumitra Devi
R.MAHADEVAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
