Kalliammal, v. Chinnammal
Case brief
What is this about?
The court dismissed a petition seeking stay on a declaratory decree. It held that no stay on further proceedings can be granted on a declaratory decree, rendering the petition misconceived.
What did the court decide?
Petition for stay dismissed as misconceived as declaratory decrees do not attract stay of further proceedings.
What the court decided
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )
Tuesday, the Fifth day of January Two Thousand and Twenty One
PRESENT
The Hon'ble Mr.Justice R.SUBRAMANIAN
CMP(MD) No.6667 of 2020 IN SA(MD) No.632 of 2020
KALLIAMMAL ... PETITIONER/APPELLANT
Vs 1 CHINNAMMAL
2 MUNIAPPAN
3 THE DISTRICT COLLECTOR, DINDIGUL TALUK, DINDIGUL DISTRICT.
4 THE THASILDHAR, VEDASUNTHUR TALUK, DINDIGUL DISTRICT. ... RESPONDENTS/RESPONDENTS
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 12.03.2020 made in A.S.No.11 of 2019 on the file of the Subordinate Court, Vedasunthur confirming the Judgment and Decree dated 27.06.2018 made in O.S.No.158 of 2010 on the file of the Additional District Munisif Cum Judicial Magistrate, Vedasunthur, pending disposal of the Second Appeal.
Issues for consideration
2 issues framed by the court
Whether a stay can be granted on the operation of a declaratory decree.
Whether a petition for stay pending disposal of a second appeal is maintainable in these circumstances.
Parties & counsel
- appellant
KALLIAMMAL
- respondent
CHINNAMMAL
- respondent
MUNIAPPAN
- respondent
THE DISTRICT COLLECTOR, DINDIGUL TALUK, DINDIGUL DISTRICT.
- respondent
THE THASILDHAR, VEDASUNTHUR TALUK, DINDIGUL DISTRICT.
Case details
As recorded by the court registry
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