The Madurai Bench dismissed petitions for interim stay, injunction, and setting aside a decree, noting no interim relief had been granted to the petitioner in six years, subjecting any pending alienation to pendens doctrine.
Petitions for interim stay and injunction were dismissed, and any alienation pending the appeal is subject to the doctrine of pendens.
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.
SA(MD) No.10 of 2016
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
( Civil Appellate Jurisdiction )
Friday, the Twentieth day of January Two Thousand and Twenty Three
PRESENT
The Hon`ble Mr.Justice S.SOUNTHAR
CMP(MD) Nos.171 & 172 of 2016 IN SA(MD) No.10 of 2016
PALUPILLAI,
... PETITIONER/APPELLANT
IN BOTH PETITIONS
Vs
VILAVANCODE TALUK, KANYAKUMARI DISTRICT.
KANYAKUMARI DISTRICT.
... RESPONDENT/RESPONDENTS IN BOTH PETITIONS
Prayer in CMP(MD). 171/ 2016 :
Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to stay all further proceedings of the judgment and decree dated 02/04/2014 in AS NO. 77 of 2012 on the file of the Learned Subordinate Judge, Kuzhithurai confirming the Judgment and decree dated 04/09/2012, made in OS NO. 28 of 2006 on the file of the Learned II Additional District Munsif, Kuzhithurai pending disposal of the second appeal.
Prayer in CMP(MD). 172/ 2016 :
To grant an order of Ad-interim injunction restraining the respondents or their men, agents or any other persons claiming right through the respondents herein from alienating the suit schedule property, being the subject matter in OS NO. 28 of 2006 on the file of the learned II Additional District Munsif, Kuzhithurai and thereby not to dispose the petitioner from the suit schedule property, pending disposal of the second appeal and thus render justice.
1/2
SA(MD) No.10 of 2016
PRAYER IN SA(MD).10/2016:
Pleased to set aside the Judgment and decree, dated 02.04.2014, made in A.S.No.77 of 2012, on the file of the Learned Subordinate Judge, Kuzhithurai confirming the Judgment and decree dated 04.09.2012, made in O.S.No.28 of 2006, on the file of the Learned II Addiitonal District Munsif, Kuzhithurai and allow the second appeal.
COMMON ORDER : These petitions coming up for orders on this day, upon perusing the petitions and the affidavits filed in support thereof and upon hearing the arguments of M/S.C.KISHORE, Advocate for the petitioner in both Petitions and of Mr.J.K.JAYASEELAN, Government Advocate on behalf of the Respondents in both Petitions, the court made the following order:-
Though these petitions filed in the year 2016, there is no interim order in favour of the petitioner for the past six years.
2.Therefore, these petitions are dismissed.
3.Any alienation made pending disposal of the Second Appeal is subject to the doctrine of pendens.
4.Post the Second Appeal on 30.01.2023.
sd/20/01/2023 / TRUE COPY / /01/2023
Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
VSD
TO
1 THE SUBORDINATE JUDGE, KUZHITHURAI.
+1 cc to Mr.C.KISHORE, Advocate, SR.No.894 (I) Date:20/01/2023
ORDER IN
CMP(MD) Nos.171 & 172 of 2016 IN
SA(MD) No.10 of 2016 Date :20/01/2023
SA/SSS/SAR.2/25.01.2023/2P/4C
2/2
2 issues framed by the court
Whether to grant interim stays and injunctions pending disposal of the second appeal when no prior interim orders were issued for six years.
Whether to dispose of the appellant's petitions for interim relief and second appeal.
PALUPILLAI
THE THASILDAR, VILAVANCODE TALUK
THE REVENUE DIVISIONAL OFFICER, PADMANABHAPURAM
THE STATE OF TAMILNADU REP BY THE DISTRICT COLLECTOR, AT NAGERCOIL
S. SOUNTHAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
