The Madras High Court dismissed the interim stay petition filed by the appellant as misconceived, holding that no executable decree exists since the underlying suit was dismissed by courts below. The stay was denied, subject to seeking appropriate interim relief.
Interim stay petition dismissed; appellant left open to seek appropriate interim relief.
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.2882 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )
Tuesday, the Twenty Third day of March Two Thousand and Twenty One
PRESENT
The Hon`ble Mr.Justice R.SUBRAMANIAN
CMP(MD) No.2882 of 2021 IN SA(MD) No.193 of 2021
K.NALLAMUTHU ... PETITIONER/APPELLANT
1 M.CHANDRAN
2 J.SENTHILKUMAR ... RESPONDENTS/RESPONDENTS
Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to grant an order of Interim Stay the operation of the judgment and decree passed in the above AS No.6 of 2018 on the file of the learned Subordinate Court, Palani dated 03.10.2019 by confirming the judgment and decree passed by the learned District Munsif Court, Palani in OS No.232 of 2013 dated 11.10.2017 pending disposal of the above Second Appeal.
PRAYER IN SA(MD) No.193 of 2021:
To prefer this Memorandum of Grounds of Second appeal before this Honourable Court challenging the judgment and decree passed by the learned Subordinate Court, Palani in AS No.6 of 2018 dated 03.10.2019 by confirming the judgment and decree passed by the learned District Munsif Court, Palani in OS No.232 of 2013 dated 11.10.2017 for the following among other grounds.
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.C.GANGAI AMARAN, Advocate for the petitioner, while admitting the Second Appeal, the Court made the following order:-
Since the appellant's suit has been dismissed by the Courts below, there is no executable decree. Hence, the stay petition is dismissed as misconceived, leaving it open to the petitioner to seek appropriate interim relief.
Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
1/2
CMP(MD) No.2882 of 2021
TO
1.THE SUBORDINATE JUDGE, PALANI
2.THE DISTRICT MUNSIF, PALANI
ORDER
IN CMP(MD) No.2882 of 2021 IN SA(MD) No.193 of 2021 Date :23/03/2021 ogy PK/JC/26.03.2021 : 2P/3C
2/2
1 issue framed by the court
Whether an application for interim stay can be allowed where the suit has been dismissed by the courts below resulting in no executable decree.
K.NALLAMUTHU
M.CHANDRAN
J.SENTHILKUMAR
R.SUBRAMANIAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
