The High Court of Madras disposed of a miscellaneous petition seeking a stay on consequential proceedings. As the respondent did not appear, the court made the previously granted interim stay order absolute pending the disposal of the appeal.
The interim stay order granted on 03.01.2019 regarding 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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Civil Appellate Jurisdiction )
Monday, the Seventeenth day of August Two Thousand Twenty
PRESENT
THE HON`BLE MR JUSTICE R.MAHADEVAN
CMP No.22653 of 2018
in AS.No.859 of 2018
K.NIRMALA [ PETITIONER ]
Vs
1 S.ANBUNATHAN [ RESPONDENTS ]
MARAGATHAVALLI ( SINCE DECEASED).
2 R.SHANTHI
3 KALAVATHI
4 M.KALAI SELVI
5 DR.KARTHICK
6 S.PRASAD
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to pass an order of stay of any consequential proceedings in furtherance to the decree and the judgment dated 14-09-2018 made in OS.No.11665/2010 on the file of the VI Addl.Judge, City Civil Court, Chennai (in CMP.22653/18) pending disposal of the above AS.No.859/18.
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.P.B.SAMPATHKUMAR Advocate for the petitioner and of respondent not appearing either in person or by an advocate the court made the following order:-
In this miscellaneous petition, on 03.01.2019, an order of interim stay in respect of passing of final decree alone was granted until further orders. Thereafter, the matter has been kept pending till date. Hence, the interim order already granted is made absolute and this Miscellaneous Petition is ordered accordingly.
Sub-Assistant Registrar ( Statistics / C.S. ) https://hcservices.ecourts.gov.in/hcservices/ High Court, Madras - 600 104.
TO
1 THE REGISTRAR, CITY CIVIL COURT, CHENNAI.
C.C. to M/S.P.B.SAMPATHKUMAR Advocate
Order
in
CMP.22653/2018
in
AS.859/2018
Date :17/08/2020
From 26.2.2001 the Registry is issuing certified
copies of the Interim Orders in this format
SDR 08.01.2019
KP(10/09/2020)
1 issue framed by the court
Whether the interim stay order granted on 03.01.2019 in the miscellaneous petition should be made absolute.
K. NIRMALA
S. ANBUNATHAN
MARAGATHAVALLI
R. SHANTHI
KALAVATHI
M. KALAI SELVI
R. MAHADEVAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
