The Madras High Court disposed of Civil Miscellaneous Petition No. 1907 of 2016 filed in Civil Appeal As. 164/2016. The court granted a stay on the passing of the final decree in O.S. No. 81/2011 pending the outcome of the pending appeal.
The interim order staying the passing of the final decree in O.S. No. 81/2011 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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Civil Appellate Jurisdiction )
Thursday, the Twenty Third day of July Two Thousand Twenty
PRESENT
The Hon`ble Mr Justice R.MAHADEVAN
CMP No.1907 of 2016
IN AS.164/2016
1 DELAVICTOIRE DIDEROT DENIS [ PETITIONERS ]
2 DELAVICTOIRE DANIEL MAXIME FRANCOIS
3 DELAVICTOIRE FATHIMA MARIE MARISTELLA
Vs
1 DELAVICTOIRE ISABELLE MARIE [ RESPONDENTS ]
LOUISE AMALOR,
2 DELAVICTOIRE ALAIN CHRISTOPHE
JEAN MARIE
3 DELAVICTOIRE SYLVIE CHANTAL
MARIE MARGUERITE
( RESPONDENTS 2 & 3 ARE REP BY POWER AGENT
DELAVICTOIRE ISABELLE MARIE LOUISE AMALOR,
VIZ THE 1ST RESPONDENT )
4 DELAVICTOIRE JOSEPHINE
5 DELVICTOIRE JOSEPH ANTOINE
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to Stay the passing of Final Decree in O.S.No. 81/2011 on the file of the Court of the III Additional District Judge, Puducherry pending disposal of AS.164/2016.
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.T.P.MANOHARAN, for MR.M.R.MURUGESAN Advocate for the Petitioner and of M.S.ACHARI & ANTONI ASSOCIATES for the respondents the court made the following order:-
ORDER
In this Civil miscellaneous petition, on 17.02.2016, this Court passed the following order:-
“The application in I.A.No.495 of 2015 in O.S.No.81
of 2011 on the file of III Additional District Court,
Pondicherry, filed by the plaintiffs for passing of final
decree is pending before the trial Court.
Heard the learned counsel for the
appellant/defendants 2, 3 & 5.
Except passing of final decree, other proceedings
shall go on.”
Thereafter, the matter has been kept pending till this date. Hence,
the interim order already granted is made absolute and this petition
is ordered accordingly.
-sd/-
23/07/2020
/ TRUE COPY /
Sub-Assistant Registrar ( Statistics / C.S. )
High Court, Madras - 600 104.
TO
THE III ADDITIONAL DISTRICT JUDGE, PUDUCHERRY.
C.C. to M/S.T.P.MANOHARAN Advocate on payment of necessary
charges
Order
in
CMP.1907/2016
in
AS.164/2016
Date :23/07/2020
From 26.2.2001 the Registry is issuing certified
copies of the Interim Orders in this format
MSR 30.03.2016 (I.T.)
SDR 04/09/2020
1 issue framed by the court
Whether to grant a stay on the passing of the final decree in O.S. No. 81/2011 pending the disposal of Civil Miscellaneous Petition As. No. 164/2016.
3 provisions across 3 enactments
Delavictoire Diderot Denis
Delavictoire Danielle Maxime Francois
Delavictoire Fathima Marie Maristella
Delavictoire Isabelle Marie
Louise Amalor
Delavictoire Alain Christophe
R. M. Mahadevan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
