The single judge dismissed an application to vacate an interim stay order in an appeal. The court held that vacating the stay would likely make the appeal infructuous as the underlying suit is for partition. The stay was confirmed absolute.
CMP(MD) No.4702 of 2020 dismissed; CMP(MD) No.9215 of 2017 allowed; stay made absolute.
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.
SA(MD)No.441 of 2017
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
( Civil Appellate Jurisdiction )
Thursday,the Twenty First day of January Two Thousand and Twenty One
PRESENT
The Hon`ble Mr.Justice R.SUBRAMANIAN
CMP(MD)Nos.4702 of 2020 & 9215 of 2017
in
SA(MD)No.441 of 2017
Malliga ... Petitioner/Respondent/Respondent in CMP(MD). 4702/ 2020 ... Respondent/Respondent in CMP(MD). 9215/ 2017
Prayer in CMP(MD). 4702/ 2020 :
Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to vacate the interim order dated 10.10.2017 granted by this Honourable Court in CMP(MD).No.9215/2017 in SA(MD).No.441/2017.
Prayer in CMP(MD). 9215/ 2017 :
To stay all further proceedings of the decree and judgment dated 27/02/2017 in A.S.No. 9 of 2016 on the file of District Judge, Sivagangai confirming the judgment and decree dated 03/03/2016 made in O.S.No. 91 of 2010 on the file of Sub Court, Sivagangai.
Prayer in SA(MD)No.441 of 2017:
To set aside the decree and judgment passed in A.S.No.9 of 2016 on the file of the District Judge, Sivagangai dated 27.02.2017 confirming the Judgment and Decree made in O.S.No.91 of 2010 on the file of Subordinate Court, Sivagangai dated 03.03.2016 and allowed the Second Appeal.
ORDER : These petitions coming up for orders on this day, upon perusing the petitions and the affidavits filed in support thereof and upon hearing the arguments of Mr.VR.SHANMUGANATHAN, Advocate for https://hcservices.ecourts.gov.in/hcservices/ the petitioner in CMP(MD). 4702/2020 and Respondent in CMP(MD).
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SA(MD)No.441 of 2017
9215/2017 and of Mr.D.Muruganantham, Advocate on behalf of the Respondents in CMP(MD).4702/2020 and Petitioners in CMP(MD). 9215/2017, the court made the following order:-
This application has been filed by the respondent in the appeal seeking to vacate the interim order of stay granted in CMP(MD) No.9215 of 2017 on 10.10.2017.
3.Therefore, CMP(MD) No.4702 of 2020 is dismissed. CMP(MD) No.9215 of 2017 is allowed. Stay granted by this Court earlier is made absolute.
4.Registry is directed to post the appeal for final hearing on 05.04.2021.
sd/-
21/01/2021
/ TRUE COPY / / /2021
Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO
1 THE DISTRICT JUDGE, SIVAGANGAI.
2 THE SUBORDINATE JUDGE, SIVAGANGAI.
ORDER
IN
CMP(MD)Nos.4702 of 2020 & 9215 of 2017 in SA(MD)No.441 of 2017 Date :21/01/2021
vrn
JM/VR/SAR III/27.01.2021/2P/3C
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1 issue framed by the court
Whether the interim stay order must be vacated to avoid rendering the appeal infructuous in a partition suit.
Malliga
Alagarsamy Chettiar
Sivakumar
Pandiarajan
Alagu Sundaram
Nirmala Devi
R. Subramanian
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
