The Madras High Court dismissed a stay application (CMP(MD) 4983 of 2016) filed before the appellate bench, holding that no independent decision was required as the issue was identical to the Second Appeal pending before the court.
CMP(MD) No.4983 of 2016 is closed without staying the operation of the judgment under challenge.
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.4983 of 2016
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )
Tuesday, the Twenty Second day of February Two Thousand and Twenty Two
PRESENT
The Hon`ble Mrs.Justice R.THARANI
CMP(MD) No.4983 of 2016 IN
SA(MD) No.461 of 2016
Vs
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 passed in A.S.No.60 of 2014 on the file of the Principal District Judge, Tirunelveli, reversing the Judgment and Decree passed in O.S.No.30 of 2010 on the file of the Principal Subordinate Judge, Tenkasi, pending disposal of the above Second Appeal.
PRAYER IN SA(MD) No.461 of 2016 :
Pleased to set aside the Judgment and Decree of the Lower Appellate Court dated 06.10.2015 passed in A.S.No.60 of 2014 on the file of the Principal District Judge, Tirunelveli, reversing the Judgment and Decree of the Trial Court dated 19.09.2013 passed in O.S.No.30 of 2010 on the file of the Principal Subordinate Judge, 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 M/S. A.SARAVANAN, Advocate for the petitioner, the court made the following order:-
The matter to be decided in CMP(MD).4983 of 2016 and the Second Appeal are the same. https://hcservices.ecourts.gov.in/hcservices/
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CMP(MD) No.4983 of 2016
Hence, CMP(MD).4983 of 2016 is closed.
sd/22/02/2022 / TRUE COPY /
Madurai Bench of Madras High Court,
TO
USK/SBN/SAR-II/25.02.2022/2P/3C
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2 issues framed by the court
Whether a Stay application (CMP(MD)) should be decided independently given the underlying matter is the Second Appeal.
Whether the distinction between a Single Judge appeal and an appellate jurisdiction cause of action allows for independent stay hearing.
STALIN
BERLIN
MADHAVAN
VALANKAIAH PANDIAN
SUBRAMANIAN
R.THARANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
