The Madurai Bench dismissed a petition for interim stay of the first appellate court's judgment dismissing an appeal. The court held that since the first appeal resulted in the dismissal of the suit, there was no order to stay, and the petition was dismissed.
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.
CMP(MD) No.12518 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
( Civil Appellate Jurisdiction )
Thursday, the Second day of January Two Thousand Twenty
PRESENT
The Hon`ble Mr.Justice R.SUBRAMANIAN
CMP(MD) No.12518 of 2019 IN SA(MD) No.621 of 2019
VALARMATHI ... PETITIONER/APPELLANT
1.MANOKARAN
2.SAROJA
KALYANI (DIED)
3.PALANIVELU
4.KANNAN ... RESPONDENTS/ RESPONDENTS
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to grant ad-interim stay of the Judgment and decree of the 1st Appellate Court in A.S. No. 16/2018 order dated 23.10.2019 on the file of Learned Sub-Ordinate, Court, Thuraiyur, pending disposal of the second appeal.
Prayer in SA(MD). 621/ 2019 :
Pleased to set aside the decree and judgment of the Learned Sub Court, Thuraiyur in A.S.No. 16 of 2018 dated 23.10.2019 reversing the decree and Judgment of Learned District Munsif Court of Thuraiyur in O.S. No. 116 of 2016 dated 21.12.2017 may allow this appeal.
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.M.SIDDHARTHAN, Advocate for the petitioner, while admitting the SA, the court made the following order:-
This application has been filed seeking stay of the judgment and decree of the first appellate Court made in A.S.No.16 of 2018, on the file of the Sub Court, Thuraiyur.
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CMP(MD) No.12518 of 2019
sd/-
02/01/2020
/ TRUE COPY / / /2020
Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO
1.THE SUBORDINATE JUDGE, THURAIYUR.
2.THE DISTRICT MUNSIF, THURAIYUR.
ORDER
IN
CMP(MD) No.12518 of 2019 IN SA(MD) No.621 of 2019 Date :02/01/2020
AM
TK/VR/SAR.2/07.01.2020/2P/3C
2/2
1 issue framed by the court
Whether the interim stay proceedings can be entertained when the first appellate court has dismissed the appellant's appeal, leaving no decree or judgment to stay.
VALARMATHI
MANOKARAN
SAROJA
PALANIVELU
KANNAN
R.SUBRAMANIAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
