Dismissed¶30

Senkottaiyan v. Nadansababathi

Madras HC3 Apr 2025CMP/3627/2025

Case brief

AI extract

What is this about?

Madras High Court; CMP No. 3627 of 2025 in A.S.No.170 of 2025; interim stay of judgment and decree dated 20.12.2024 in O.S.No.30 of 2020 (Additional District Judge, Kallakurichi); condition of deposit of decree amount for stay; refusal to deposit decree amount; forged signature plea on promissory note; handwriting expert opinion Exhibit C1; signature proved to be that of defendant; decree holder free to proceed with execution petition; petition dismissed; money suit appeal; S.M. Subramaniam J.; K. Rajasekar J.; advocates R. Nalliyappan (appellant) and A. Sivaji (respondent).

What did the court decide?

The Court had asked the appellant to deposit the decree amount as a condition for grant of stay; the appellant being disinterested in depositing the decree amount, he is not entitled to any interim relief. ¶25

Senkottaiyan Vs Nadansababathi — Madras HC (2025) — LawSathi Research

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CMP No. 3627 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 03-04-2025

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CORAM

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THE HONOURABLE MR JUSTICE S. M. SUBRAMANIAM AND

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THE HONOURABLE MR.JUSTICE K.RAJASEKAR

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CMP No. 3627 of 2025

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A.S.No.170 of 2025

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SENKOTTAIYAN S/o. Kuzhanthaivel, Poosapadikattu Kottagai, Poosapadi Village and Post, Chinnasalem Taluk, Kallakurichi District.

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Appellant(s)

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Nadansababathi S/o. Pazhaniyappa Gounder, Chinnasalem Kattu Kottagai, Chinnasalem Taluk, Kallakurichi District.

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Now Res. at, Anna Nagar, Sapabathi Thanniya Mandi, Salem Main Road (Opp to Canara Bank), Chinnasalem Taluk, Kallakurichi District.

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Respondent(s)

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https://www.mhc.tn.gov.in/judis

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CMP No. 3627 of 2025

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PRAYER

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To grant an interim order of stay of all further proceedings of the judgment and decree dated 20.12.2024 passed in OS No. 30/2020 on the file of the Additional District Judge, Kallakurichi disposal of the above appeal

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For Appellant(s): Mr.R.Nalliyappan

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For Respondent(s): Mr. A Sivaji

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ORDER

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(Order of the Court was made by S.M.Subramaniam J.)

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The Civil Miscellaneous Petition has been instituted to grant an interim order of stay of all further proceedings of the judgment and decree dated 20.12.2024 passed in O.S.No.30 of 2020 on the file of the Additional District Judge, Kallakurichi.

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The money suit has been decreed and the defendant in the suit filed the Appeal suit. In the Civil Miscellaneous Petition, this Court asked the appellant to deposit the decree amount for grant of stay. However, the appellant is disinterested in depositing the decree amount. Thus, he is not entitled for any interim relief.

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The main ground raised in the Appeal Suit is that the signature in the promissory note is forged. However, the judgment impugned reveals that the said document was sent for handwriting expert's opinion and Exhibit C1, Expert Report makes it clear that the signature in the Exhibit A1 Promissory notice is

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https://www.mhc.tn.gov.in/judis

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CMP No. 3627 of 2025

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that of the defendant. When the signature also has been proved through expert report, the petitioner is not entitled for the interim relief. The decree holder is at liberty to proceed with the execution petition.

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Thus, the Civil Miscellaneous Petition stands dismissed.

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(S.M.SUBRAMANIAM J.)(K.RAJASEKAR J.)

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03-04-2025

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Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No

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https://www.mhc.tn.gov.in/judis

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CMP No. 3627 of 2025

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1.Nadansababathi S/o. Pazhaniyappa Gounder, Chinnasalem Kattu Kottagai, Chinnasalem Taluk, Kallakurichi District. Now Res. at, Anna Nagar, Sapabathi Thanniya Mandi, Salem Main Road (Opp to Canara Bank), Chinnasalem Taluk, Kallakurichi District.

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https://www.mhc.tn.gov.in/judis

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CMP No. 3627 of 2025

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S.M.SUBRAMANIAM J.

AND

K.RAJASEKAR J.