Tenant's suits for mandatory injunction (accounts of rental arrears) and permanent injunction against coercive action were dismissed; first appellate court refused to stay those decrees. The High Court upheld dismissal, holding there being no executable decree nothing could be stayed, but left interim relief open.
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.R.P.(NPD).Nos.1189, 1191 and 1194 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.03.2024
CORAM:
THE HONOURABLE MR.JUSTICE S.SOUNTHAR
C.R.P.(NPD).Nos.1189, 1191 and 1194 of 2024 and C.M.P.Nos.6145, 6157 and 6163 of 2024
P.Ravichandran ... Petitioner (in all CRPs)
vs
The Branch Manager TANSIDCO, Branch Office Thiru.Vi.Ka Industrial Estate Guindy, Chennai-600032. ... Respondent (in all CRPs)
Prayer in C.R.P.(NPD).No.1189 of 2024 : Civil Revision Petition is filed
under Article 227 of Constitution of India, praying to allow the above Revision Petition by setting aside the order and decree made in I.A.No.1 of 2023 in A.S.No.276 of 2023 order dated 08.01.2024 on the file of V Additional Judge, City Civil Court at Chennai.
Prayer in C.R.P.(NPD).No.1191 of 2024 : Civil Revision Petition is filed under Article 227 of Constitution of India, praying to allow the above
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C.R.P.(NPD).Nos.1189, 1191 and 1194 of 2024
Revision Petition by setting aside the order and decree made in I.A.No.1 of 2023 in A.S.No.275 of 2023 order dated 08.01.2024 on the file of V Additional Judge, City Civil Court at Chennai.
Prayer in C.R.P.(NPD).No.1194 of 2024 : Civil Revision Petition is filed under Article 227 of Constitution of India, praying to allow the above Revision Petition by setting aside the order and decree made in I.A.No.1 of 2023 in A.S.No.274 of 2023 order dated 08.01.2024 on the file of V Additional Judge, City Civil Court at Chennai.
For Petitioner : Mr.G.V.Sridharan (in all CRPs) For Respondent : G.Vasuthevan (in all CRPs)
COMMON ORDER
These Civil Revision Petitions are filed challenging the order passed by
the First Appellate Court dismissing the stay petitions filed by the petitioner seeking stay of the operation of judgement and decree passed by the Trial Court in O.S.Nos.3156, 3155 and 3154 of 2022, dated 01.08.2023.
2022 seeking Mandatory Injunction directing the respondent herein to furnish
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C.R.P.(NPD).Nos.1189, 1191 and 1194 of 2024
the proper statement of account of the rental arrears pertains to the suit property and for permanent injunction restraining the respondent from in anyway taking coercive action against the petitioner in the guise of rental arrears. The suits were dismissed by the Trial Court. Aggrieved by the same, the petitioner filed appeals in A.S.Nos.276, 275 and 274 of 2023 before the First Appellate Court. Pending first appeal, the petitioners filed stay applications in I.A.Nos.1, 1 and 1 of 2023 seeking stay of the operation of judgement and decree passed by the Trial Court. The said stay petitions were dismissed by the First Appellate Court. Aggrieved by the same, the petitioner is before this Court.
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C.R.P.(NPD).Nos.1189, 1191 and 1194 of 2024
Court dismissed the suits filed by the petitioner seeking mandatory injunction and permanent injunction. Therefore, the Trial Court has not passed any executable decree. In such circumstances, there is nothing to stay the judgement and decree by the Trial Court.
that the possession has already been taken from the petitioner. The said statement of the learned counsel is recorded. It is always open to the respondent to bring it to the notice of the First Appellate Court if any application is filed by the petitioner seeking interim protection.
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C.R.P.(NPD).Nos.1189, 1191 and 1194 of 2024
No costs. Consequently, the connected civil miscellaneous petitions are closed.
25.03.2024 Index : Yes / No Speaking order : Yes / No Neutral Citation : Yes / No dm
To
The V Additional Judge, City Civil Court, Chennai.
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C.R.P.(NPD).Nos.1189, 1191 and 1194 of 2024
S.SOUNTHAR, J.
dm
C.R.P.(NPD).Nos.1189, 1191 and 1194 of 2024
25.03.2024
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1 issue framed by the court
Whether the First Appellate Court was right in dismissing stay petitions seeking stay of the trial court's decree when the dismissed suits yielded no executable decree.
1 provisions across 1 enactments
P.Ravichandran
The Branch Manager TANSIDCO, Branch Office Thiru.Vi.Ka Industrial Estate Guindy, Chennai-600032
S.SOUNTHAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
