The court dismissed a stay petition filed in an appeal, holding that since the appellate court's decree dismissed the suit, no stay of operation could be granted on a dismissed decree.
Petition for stay prayed for is dismissed as misconceived.
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CMP(MD) No.1148 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )
Wednesday, the Tenth day of February Two Thousand and Twenty One
PRESENT
The Hon`ble Mr.Justice R.SUBRAMANIAN
CMP(MD) No.1148 of 2021 in S.A.(MD)No.79 of 2021
P.RAMASUBBU ... PETITIONER/ APPELLANT
THE COMMISSIONER KODAIKANAL MUNICIPALITY, KODAIKANAL. ... RESPONDENT/ RESPONDENT
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 Decree and Judgment passed by the Honourable Principal Subordinate Judge Court at Palani, made in A.S. No.43 of 1997 dated 04.11.2020 and all proceedings pursuant thereto pending disposal of the present Second Appeal.
Prayer in SA(MD). 79/ 2021 :
To set aside the decree and judgment passed by the Honourable Principal Subordinate Judge Court at Palani in AS No.43 of 1997 dated 04.11.2020 reversing the Judgment of the District Munsif cum Judicial Magistrate Court at Kodaikanal passed in OS No.205 of 1995 dated 31.03.1997 with costs throughout and render justice.
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.T.T.RAVICHANDRAN, Advocate for the petitioner, While admitting the Second Appeal, the court made the following order:-
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CMP(MD) No.1148 of 2021
As a result of judgment and decree of the appellate Court, the suit in O.S.No.205 of 1995 has been dismissed. Hence, there cannot be a stay of operation of a decree of dismissal. Hence, this petition is dismissed as being misconceived, leaving open to the petitioner/appellant to file appropriate application.
/ TRUE COPY /
Madurai Bench of Madras High Court,
TO
CMR
MS/VR/SAR-3/11.02.2021/2P.3C
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1 issue framed by the court
Whether a stay can be granted on the operation of a decree dismissing a suit, as there is no right to stay what does not exist.
P. RAMASUBBU
THE COMMISSIONER KODAIKANAL MUNICIPALITY
R. SUBRAMANIAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
