The Madras High Court dismissed a civil miscellaneous petition for stay because the appellant failed to deposit the required sum of Rs. 15 lakhs with interest within the stipulated time, thereby losing entitlement to the stay.
Leave to stay the operation of the impugned decree and order dated 19.12.2022 is denied due to non-compliance of deposit conditions.
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.14011 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )
Monday, the Twenty Second day of January Two Thousand and Twenty Four PRESENT
The Honble Dr.Justice G.JAYACHANDRAN and The Honble Mr.Justice C. KUMARAPPAN CMP(MD) No.14011 of 2023 IN AS(MD) No.254 of 2023
S.RAJENDRAN ... PETITIONER/APPELLANT
Vs
V.PALANIAPPAN ... RESPONDENT/RESPONDENT
Civil Miscellaneous 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 and all further proceedings pursuant to the impugned judgment and decree dated 19.12.2022 in OS No.82 of 2020 on the file of the learned Additional District Court, Sivagangai pending the above First Appeal.
PRAYER IN AS(MD)No. 254 of 2023:
First Appeal filed under Section 96 of Civil Procedure Code, to set aside the judgment and decree dated 19.12.2022 in OS No.82 of 2020 on the file of the learned Additional District Court, Sivagangai.
ORDER : This Civil Miscellaneous 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. VR.SHANMUGANATHAN, Advocate for the petitioner and of MR.P.RAJAGOPALAN, Advocate for the Respondent, the court made the following order:-
Against the money decree, the defendant had preferred the appeal suit. Along
with the appeal suit, he has also sought for stay of operation of the decree.
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CMP(MD) No.14011 of 2023
16.10.2023, directing the petitioner/appellant to deposit a sum of Rs.15 lakhs along
with interest within a period of four weeks from the date of receipt of the order copy. The petitioner/appellant failed to comply the condition, and when the matter was taken up for hearing on 13.12.2023, sought for further time to comply the condition. In the earlier occasion, this Court taking into consideration of the plea, had extended the time and directed the petitioner/appellant to deposit the money on or before 19.01.2024.
sd/22/01/2024 / TRUE COPY /
/02/2024
Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
PM
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CMP(MD) No.14011 of 2023
TO
THE ADDITIONAL DISTRICT JUDGE SIVAGANGAI.
ORDER IN CMP(MD) No.14011 of 2023 IN AS(MD) No.254 of 2023 Date :22/01/2024
RS/JGB/SAR-(01.02.2024) 3P 2C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023
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2 issues framed by the court
Whether the appellant is entitled to stay of operation of the decree when they failed to comply with the condition to deposit the requisite sum.
Whether the conditional stay granted earlier stands lapsed due to non-compliance.
S. RAJENDRAN
V. PALANIAPPAN
G. JAYACHANDRAN
C. KUMARAPPAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
