In an appeal against a decree for recovery of possession, the Madras High Court allowed a stay petition. The respondent failed to appear despite service. The Court granted an interim stay on the decree's execution until the appeal was disposed of.
Interim stay granted on execution of the decree for recovery of possession pending disposal of the appeal.
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.2992 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )
Tuesday, the Second day of February Two Thousand and Twenty One
PRESENT
The Hon`ble Mr.Justice R.SUBRAMANIAN
CMP(MD) No.2992 of 2020 IN SA(MD) No.226 of 2020
DURAI ... APPELLANT/APPELLANT/DEFENDANT
Vs
THULASI AMMAL ... RESPONDENT/RESPONDENT/PLAINTIFF
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 Judgment and decree dated 16.12.2019 passed in A.S.No.23 of 2019 on the file of the Principal Subordinate Court, Tenkasi, confirming the Judgment and decree dated 07.12.2018 passed in O.S.No.533 of 2015 on the file of The Additional District Munsif, Tenkasi, pending disposal of the second Appeal.
Prayer in SA(MD). 226/ 2020 :
Pleased to set aside the Judgment and decree dated 16.12.2019 passed in A.S.No.23 of 2019 on the file of the Principal Subordinate Court, Tenkasi, confirming the Judgment and decree dated 07.12.2018 passed in O.S.No.533 of 2015 on the file of The Additional District Munsif, Tenkasi, and to allow the Second Appeal
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.LAJAPATHI ROY, Advocate for the petitioner and the Respondent not appeared either in person or by an https://hcservices.ecourts.gov.in/hcservices/
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CMP(MD) No.2992 of 2020
Advocate, the Court made the following order:-
Despite service, the respondent is not appearing.
Considering the fact that the Decree is one for recovery of possession, there will be an order of interim stay for execution of the Decree, till disposal of the appeal.
Stay petition is allowed.
/ TRUE COPY /
/ /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court,
TO
1.THE PRINCIPAL SUBORDINATE JUDGE, TENKASI.
2.THE ADDITIONAL DISTRICT MUNSIF, TENKASI
+1 CC to Mr.T.LAJAPATHI ROY, Advocate ( SR-660[I] dated 03/02/2021 )
CMP(MD) No.2992 of 2020
vrn
AE/JC/SAR-I (05/02/2021) 2P / 4C
2/2
1 issue framed by the court
Whether to grant an interim stay on the execution of the decree for recovery of possession pending disposal of the appeal.
DURAI
THULASI AMMAL
R.SUBRAMANIAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
