This court dismissed a Civil Miscellaneous Petition seeking stay on the operation of a judgment. The court held that since the underlying suit for specific performance was dismissed, no executable decree existed to warrant entertaining the stay petition.
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.
C.M.P.No.8887 of 2024 in
A.S.No.259 of 2024
R.SUBRAMANIAN, J. and R.SAKTHIVEL, J.
The prayer in this petition runs as follows:-
"to stay the operation and execution of the judgment and decree dated 13.02.2024 in O.S.No.227 of 2008 on the file of the II-Additional District and Sessions Judge, Tiruppur, pending disposal of the appeal."
2.It is seen from the records that the suit filed by the petitioner seeking specific performance has been dismissed, as such, there is no executable decree. Hence, we do not see any reason to entertain this petition. This Civil Miscellaneous Petition is therefore, dismissed.
(R.S.M., J.) (R.S.V., J.) 03.06.2024
kkn
1/1
1 issue framed by the court
Whether to grant stay on appeal from a suit dismissed for lack of executable decree.
R.SUBRAMANIAN
R.SAKTHIVEL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
