CMP(MD) No.1221 of 2016 filed to stay injunction decree portions while a second appeal is pending. Court held injunction in operation since 2006 is not to be stayed, dismissing the petition due to non-maintainability of stay on first relief.
Stay on injunction decree denied; petition dismissed.
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.1221 of 2016
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )
Wednesday, the Eighth day of February Two Thousand and Twenty Three
PRESENT
The Hon`ble Mr.Justice S.SOUNTHAR
CMP(MD) No.1221 of 2016 IN SA(MD) No.50 of 2016
1 THANGAMMAL
2 MUTHULAKSHMI ... PETITIONERS/APPELLANTS
Vs
1 SUBRAMANIAN
2 NAMBI RAJAN
3 MUTHAMMAL ... 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 Judgment and Decree of the Trial Court passed in O.S.No.56 of 1996 dated 24.11.2006 passed by the District Munsif Court cum Judicial Magistrate Court, Nanguneri confirmed by the Judgment and Decree passed by the Sub Court, Valliyoor in A.S.No.177 of 2007 dated 06.09.2010 pending disposal of the SA(MD)No.50 of 2016 and thus render justice.
Prayer in SA(MD). 50/ 2016 :
To allow this Second Appeal by setting aside the Judgment and Decree passed by the Sub Court, Valliyur in A.S.No.177 of 2007 dated 06.09.2010 confirming the judgment and decree passed by the District Munsif Court, Nanguneri in O.S.No.56 of 1996 dated 24.11.2006.
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.K.SATHIYASINGH, Advocate for the petitioner and of S.R.ANBARASU, Advocate on behalf of the Respondents, while admitting the SA., the court made the following order:-
The petitioners herein seek stay of decree for declaration and injunction.
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CMP(MD) No.1221 of 2016
sd/08/02/2023
/02/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. ABR
TO
1.THE DISTRICT MUNSIF COURT CUM JUDICIAL MAGISTRATE , NANGUNERI. 2.THE SUBORDINATE JUDGE,, VALLIYOOR.
COPY TO
THE SECTION OFFICER, JUDICIAL SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. (CALL FOR RECORDS)
RK/SSS/SAR-1 (20/02/2023) 2P/4C
2/2
1 issue framed by the court
Whether the injunction portion of the decreed can be stayed pending disposal of the second appeal.
THANGAMMAL
MUTHULAKSHMI
SUBRAMANIAN
NAMBI RAJAN
MUTHAMMAL
S. SOUNTHAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
