In an appeal arising from a partition suit, the High Court of Judicature at Madras made the interim stay of execution granted earlier absolute, considering the likelihood of prejudice to the petitioners and balancing the interests of justice for both parties.
The interim stay already granted on the execution of the 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 )
Thursday, the Second day of September Two Thousand Twenty One
PRESENT
The Hon`ble Ms. Justice P.T.ASHA
CMP No.6302 of 2021
IN AS.96 of 2021
1 SADAIYAPPA GOUNDER
[ PETITIONERS ]
2 KATHIRVEL
3 GOWRI
Vs
M.GOMATHI [ RESPONDENT ]
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to stay the execution of the judgment and decree dated 09.02.2021 made in OS.No.07 of 2015 on the file of the Third Additional District and Sessions Court, Tiruppur at Dharapuram (in CMP.No.6302/2021) pending disposal of the above appeal 96/2021.
The respondent has entered appearance through learned counsel. By order dated 30.04.2021, this Court was pleased to grant an order of interim stay of the passing of final decree alone till 07.07.2021. The suit in question is a suit for partition and the petitioners/appellants are the defendants. If the suit is allowed to be proceeded with,
there is a likelihood of the petitioners being prejudiced. Therefore, this Court taking into account the interest of the respondent as well, had granted the stay. Therefore in the interests of justice the interim stay already granted is made absolute.
Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104. TO
THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, TIRUPPUR AT CHARAPURAM.
c.c. to MR.N.MANOHARAN Advocate SR.NO.5003
Order
in CMP.6302/2021 in AS.96/2021
Date :02/09/2021
From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format SDR 27/05/2021 SDR 13/09/2021
1 issue framed by the court
Whether the petitioners are entitled to an absolute stay of execution of the judgment and decree pending the disposal of their appeal?
Sadaiyappa Gounder
Kathirvel
Gowri
M. Gomathi
P.T. Asha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
