In a petition for stay of a judgment and decree confirmed by the appellate court, the Madurai Bench held that since the suit was dismissed and the decree was unexecutable, the petition was wholly misconceived and dismissed.
Petition dismissed as it was wholly misconceived.
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.1084 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )
Monday, the Fifteenth day of February Two Thousand and Twenty One
PRESENT
The Hon`ble Mr.Justice R.SUBRAMANIAN
CMP(MD) No.1084 of 2021 in SA(MD)No.76 of 2021
KONDAKALLIAMMAL ... APPELLANT/APPELLANT/PLAINTIFF
Vs
1.SANKARANARAYANAN
Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to STAY the operation of the Judgement and Decree dated 13.12.2019 in A.S.No.24 of 2019 on the file of the Subordinate Court, Aruppukottai confirming the Judgement dand Decree dated 27.09.2018 in O.S.No.35 of 2006 on the file of the Additional District Munsif Court, Aruppukottai pending disposal of the Second Appeal.
PRAYER IN SA(MD)No.76 of 2021:
To set aside against the Judgment and Decree dated 13.12.2019 made in A.S.No.24 of 2019 on the file of the Subordinate Court, Aruppukottai Confirming the Judgment and decree dated 27.09.2018 made in O.S.No.35 of 2006 on the file of the Additional District Munsif Court, Aruppukottai and allow this Second Appeal.
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CMP(MD) No.1084 of 2021
ORDER : This petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.R.RAMADURAI, Advocate for the petitioner, while admitting the Second Appeal, the court made the following order:-
This petition is wholly misconceived. The suit has been dismissed and the same has been confirmed by the appellate Court. Therefore, there is no executable decree. Hence, this petition is dismissed.
sd/15/02/2021 / TRUE COPY / / /2021
Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO
1.THE SUBORDINATE JUDGE, APUPPUKOTTAI.
2.THE ADDITIONAL DISTRICT MUNSIF, ARUPPUKOTTAI.
ORDER IN CMP(MD) No.1084 of 2021 in SA(MD)No.76 of 2021 Date :15/02/2021
cmr
AE/SMA/SAR-I (18/02/2021) 2P / 3C
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1 issue framed by the court
Whether an interim stay order can be passed pending the decision of the next appeal when the impugned judgment has already been confirmed by the appellate court.
KONDAKALLIAMMAL
1.SANKARANARAYANAN
2.RAYAVELAMMAL
3.RAJARAM
4.SITHIAYAN
5.JEYARAMAN
R.SUBRAMANIAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
