In a civil miscellaneous petition seeking interim stay during pendency of a second appeal, the Madurai High Court dismissed the petition. The court noted that the underlying suit was dismissed below, rendering there no executable decree.
Interim stay prayed in the petition is dismissed. Open to petitioners to file appropriate petition.
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.7317 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
( Civil Appellate Jurisdiction )
Wednesday, the Sixth day of January Two Thousand and Twenty One
PRESENT
The Hon'ble Mr.Justice R.SUBRAMANIAN
CMP(MD) No.7317 of 2020
IN SA(MD) No.717 of 2020
1 MUNIYAMMAL
2 KANAGARAJ 3 PALANICHAMY
4 KARUPPASAMY
5 MURUGAN
6 IYAMMAL
8 THANGAVELU ... PETITIONERS/APPELLANTS (7th APPELLANT IS REP. THROUGH HIS POWER AGENT, THE 3rd APPELLANT HEREIN)
Vs
1 SEGAPPA PANDIAR
2 SANTHI
3 NOORJAHAN
10 HUSSAIN ... 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 interim stay, staying the operation of the Judgment and Decree of the learned Principal Subordinate Judge, Tenkasi passed in A.S.No.9 of 2018 dated 17.09.2019 confirming the Judgment and Decree of the learned District Munsif, Sencottah passed in O.S.No.7 of 2011 dated 17.11.2017 pending disposal of this SA(MD) No.717 of 2020.
Prayer in SA(MD). 717/ 2020 :
Second Appeal filed may be pleased to call for the records relating to the Second Appeal as against the judgment and decree of https://hcservices.ecourts.gov.in/hcservices/ the learned Principal Subordinate Judge, Tenkasi passed in A.S.No.9
1/2
CMP(MD) No.7317 of 2020
of 2018 dated 17.09.2019 confirming the Judgment and Decree of the learned District Munsif, Sencottah passed in O.S. No.7 of 2011 dated 17.11.2017 by allowing 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 M/S.D.SRINIVASARAGAVAN, Advocate for the petitioners, while admitting the Second Appeal, the Court made the following order:-
The Suit filed by the plaintiffs seeking declaration and injuction has been dismissed by the Courts below. Therefore, there is no executable decree. Hence, this Civil Miscellaneous petition is dismissed, leaving it open to the petitioners to file appropriate petition.
sd/06/01/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/ litigant concerned.
TO
+1 CC to M/s.A.ARIVUCHANDRAN, Advocate ( SR-80[I] dated 06/01/2021 )
ORDER IN CMP(MD) No.7317 of 2020 IN SA(MD) No.717 of 2020 Date :06/01/2021
VRN
SRS/KV/SAR-IV/11.01.2021/2P/4C
2/2
2 issues framed by the court
Whether an interim stay petition should be allowed when no executable decree exists following the dismissal of the suit.
Whether this miscellaneous petition can be disposed of without admitting the underlying second appeal.
MUNIYAMMAL AND OTHERS
SEGAPPA PANDIAR AND OTHERS
R.SUBRAMANIAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
