Revision petition challenging dismissal of an application to stay suit proceedings during a pending second appeal. The court found distinct causes of action between suits, holding the lower rejection correct and dismissing the revision.
Civil Revision Petition dismissed; no costs; connected miscellaneous petition closed.
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.
CRP(PD)No.2056 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
RESERVED ON : 14.12.2020
PRONOUNCED ON : 18.12.2020
CORAM:
THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN
CRP(PD)No.2056 of 2016
CMP.No.10688 of 2016
(Through Video Conferencing)
1. Kannayya Naidu
2. Logayya
3. Murali Petitioners
Vs
Anandan Respondent
Prayer:- This Civil Revision Petition has been filed, under Section 227 of the Constitution of India, to set aside the fair and decreetal order, dated 07.01.2016, made in IA.No.115 of 2015 in OS.No.685 of 2014, by the Subordinate Judge, Arakkonam.
For Petitioner : Mr.V.Ayyapparaja
For Respondent : Mr.A.Gouthaman
ORDER
CRP(PD)No.2056 of 2016
damages. In the suit, the Defendants have filed the present application to stay the proceedings of the suit till the disposal of the second appeal. Since the said application was dismissed by the impugned order, this Civil Revision Petition has been filed.
CRP(PD)No.2056 of 2016
disposal of the second appeal is not sustainable. Holding so, the court below has rightly rejected the present application, by the impugned order, which
warrants no interference by this Court.
18.12.2020
Index:Yes/No
Web:Yes/No
Speaking/Non Speaking
Srcm
To
1. The Subordinate Judge, Arakkonam.
CRP(PD)No.2056 of 2016
A.A.NAKKIRAN, J.
Srcm
Pre-Delivery Order in
CRP(PD)No.2056 of 2016
18.12.2020
2 issues framed by the court
Whether the High Court should interfere in the rejection of an application seeking stay of suit proceedings during a pending second appeal.
Whether the cause of action and reliefs sought in the current suit (for damages) are identical to a previous suit (for declaration and injunctions).
Kannayya Naidu & Ors.
Anandan
A.A. Nakkiran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
