Sevli v. Unnamalayammal
Case brief
What is this about?
This order dismissed a civil miscellaneous petition filed to stay the appellate judgment that reversed the trial court decree granting limited share, holding no basis for stay.
What did the court decide?
Civil miscellaneous petition dismissed with liberty to seek appropriate prayer if advised.
What the court decided
C.M.P. No.6721 of 2022 in S.A. No.316 of 2022
C.M.P. No.6721 of 2022 in S.A. No.316 of 2022
S.S.SUNDAR, J.,
The Civil Miscellaneous petition is filed to stay the operation of judgment and decree of the learned Subordinate Judge, Tiruppattur in A.S. No.49 of 2017.
2. The petitioner / appellant is the plaintiff who filed a suit for partition and other consequential reliefs. By the judgment and decree of the lower appellate Court, the decree of the trial Court granting limited share in favour of plaintiff is reversed. Therefore, there is nothing to stay the operation of judgment and decree of the lower appellate Court.
3.Hence, the civil miscellaneous petition is dismissed. It is open to the petitioner to seek appropriate prayer, if he is advised so.
20.04.2022
bkn
Page 1 of 1 https://www.mhc.tn.gov.in/judis
Issues for consideration
1 issue framed by the court
Whether a civil miscellaneous petition to stay the operation of an appellate judgment which reverses a lower decree has merit.
Parties & counsel
- appellant
Petitioner / Appellant
- respondent
Respondent
Coram
S.S. Sundar
Case details
As recorded by the court registry
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