In a civil miscellaneous petition under inherent powers, the High Court at Madras converted a previously granted interim stay into a permanent stay on the filing of a final decree in a related civil suit.
The interim stay already granted is made absolute on the filing of the final decree.
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 )
Friday, the Seventh day of August Two Thousand Twenty
PRESENT
THE HON`BLE MR JUSTICE R. MAHADEVAN
CMP No.9788 of 2018
in AS No.373 of 2018
SUBRAMANIA GOUNDER (DIED) [ PETITIONERS ]
1. K.S. MANOKARAN,
2 S. KARUPPAYAMMAL
Vs
1 P. RUKANI [ RESPONDENTS ]
2 C. ARIVALAGAN
3 K.M. KESAVAMOORTHY
4 A.B. SUBRAMANI
5 THE SUB REGISTRAR
OFFICE OF SRO,.
CHENNIMALAI, PERUNDURAI TALUK.
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to stay the operation of the Decree dated 25.10.2017 made in O.S.No.201 of 2012 on on the file of 2nd Additional District Judge, Erode pending AS NO.373 of 2018.
Order : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of MR.V.S.KESAN, Advocate for the 1st Respondent and of MR.T.M.PAPPIAH, SPECIAL GOVERNMENT PLEADER on behalf of the 5th Respondent and petitioner not appearing either in person or by an Advocate court made the following order:-
In this miscellaneous petition, an order of interim stay of passing of final decree alone, was granted by this Court on 25.07.2018 and the matter has been kept pending till date. Hence, the interim stay already granted is made absolute and this civil miscellaneous petition is ordered accordingly.
-sd/-
07/08/2020
/ TRUE COPY /
Sub-Assistant Registrar ( Statistics / C.S. )
High Court, Madras - 600 104.
TO
1 THE IIND ADDITIONAL DISTRICT
JUDGE, ERODE.
C.C. to M/S.M.V.VENKATASESHAN Advocate
Order
in
CMP.9788/2018
in
AS.373/2018
Date :07/08/2020
From 26.2.2001 the Registry is issuing certified
copies of the Interim Orders in this format
VS 31.07.2018
RRI 27/08/2020
1 issue framed by the court
Whether the interim stay granted above prior to the final decree be made absolute.
SUBRAMANIA GOUNDER (DIED) AND ANOTHER
P. RUKANI
C. ARIVALAGAN
K.M. KESAVAMOORTHY
A.B. SUBRAMANI
THE SUB REGISTRAR, OFFICE OF SRO., CHENNIMALAI
R. MAHADEVAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
