Allowed

R.Ganesan, v. Manimekalai

Madras HC3 Mar 2021CMP(MD)/1555/2019

Case brief

AI extract

What is this about?

On an application for stay of proceedings in a suit pending disposal of a civil second appeal, the High Court held that allowing further proceedings might render the appeal infructuous. Consequently, the petitioner dispensed to have the previously granted stay made absolute and the application was allowed.

What did the court decide?

The petition to make the stay granted on 25.04.2019 absolute was allowed. Notice to the respondent in the appeal is returnable by 05.04.2021.

R.Ganesan, Vs Manimekalai — Civil Procedure and Limitation | Madras HC (2021)

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CMP(MD) No.1555 of 2019

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )

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Wednesday, the Third day of March Two Thousand and Twenty One

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PRESENT

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The Hon`ble Mr.Justice R.SUBRAMANIAN

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CMP(MD) No.1555 of 2019 IN SA(MD) No.36 of 2019

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R.GANESAN

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... PETITIONER/ APPELLANT

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MANIMEKALAI ... RESPONDENT/ RESPONDENT

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Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to STAY of all further proceedings in O.S.No.302 of 2013 on the file of District Munsif Court, Pudukottai, pending disposal of the above Second Appeal.

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Prayer in SA(MD) No.36 of 2019:

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To set aside the Judgment and Decree made in A.S.No.29 of 2016 dated 03.10.2018 on the file of the Principal Sub-Court, Pudukottai reversing the Judgment and Decree passed in I.A.No.882 of 2015 in O.S.No.302 of 2013 on the file of the District Munsif Court, Pudukottai dated 15.04.2016.

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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.S.MEENAKSHI SUNDARAM, Senior Counsel for Mr.S.KUMAR, Advocate for the petitioner and of Mr.J.ANANDKUMAR, Advocate on behalf of the Respondent, the court made the following order:-

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The second appeal is against and order allowing the appeal challenging and order rejecting the plaint. The appeal has been admitted. If further proceedings are allowed to go on in the suit, there is a possibility of appeal becoming infructuous. Hence, the stay granted on 25.04.2019 is made absolute. Accordingly, this petition is allowed.

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https://hcservices.ecourts.gov.in/hcservices/

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CMP(MD) No.1555 of 2019

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Mr.J.Anandkumar, learned Counsel would represent that caveat had expired. Hence, notice to the respondent in the appeal returnable by 05.04.2021. Private notice is also permitted.

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sd/03/03/2021

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/ TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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1 THE PRINCIPAL SUBORDINATE JUDGE, PUDUKOTTAI.

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2 THE DISTRICT MUNSIF, PUDUKOTTAI.

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ORDER IN CMP(MD) No.1555 of 2019 IN SA(MD) No.36 of 2019 Date :03/03/2021 cmr

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MS/PN/SAR-4/09.03.2021/2P.3C

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https://hcservices.ecourts.gov.in/hcservices/

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R.Ganesan, v. Manimekalai

Case brief

What is this about?

What did the court decide?

R.Ganesan, v. Manimekalai

Case brief

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