Minnie Devadoss v. Rajeswari
Case brief
What is this about?
Petitioner sought vacation of stay in CMP No.7740 of 2024. Court dismissed petition, holding appeal would become infructuous, but expedited appeal hearing due to petitioner's advanced age.
What did the court decide?
Vacate stay petition dismissed; final hearing fixed for 25.09.2024.
What the court decided
CMP.No.7740 of 2024
CMP.No.7740 of 2024 in S.A.No.112 of 2024
N.MALA,J.
This petition is filed to vacate the stay granted on 16.02.2024 in
CMP.No.3228 of 2024 in S.A.No.112 of 2024 and dismiss the Second Appeal
with exemplary costs. The issue in the second appeal is whether there is any
interference by the appellant in the common passage of the suit property.
2.The learned counsel for the appellants submits that if the interim stay is
vacated then the second appeal itself will become infructuous.
3.In my view, if the stay is vacated then as rightly contended by the appellant the second appeal will become infructuous. But considering the advanced age of the vacate stay petitioner/respondent, I am of the view that the
hearing of the second appeal should be expedited.
Coram
N MALA
Case details
As recorded by the court registry
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