V.S.Narayanan v. v.S.Vaithiyanathan

Madras HC3 Apr 2025CMP/5230/2025

Case brief

AI extract

What is this about?

Interim stay refused; balance of convenience in favour of respondent/defendant; CMP No. 5230 of 2025 dismissed; partition suit by appellant dismissed by Trial Court; suit for delivery of possession by defendant decreed with mesne profits; OS No.1715 of 2019 and OS No.3228 of 2017, judgments dated 02.04.2024, VI Additional City Civil Court, Chennai; appeals AS No. 206 of 2025 and AS No. 205 of 2025; Madras High Court; S.M. Subramaniam and K. Rajasekar JJ.; no statute or precedent cited; mesne profits quantum not stated.

What did the court decide?

The balance of convenience is in favour of the respondent/defendant; accordingly, the Court is not inclined to grant any interim order, and the Civil Miscellaneous Petition (CMP No. 5230 of 2025) seeking interim stay stands dismissed. ¶50-53

V.S.Narayanan Vs v.S.Vaithiyanathan — Madras HC (2025) — LawSathi Research

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CMP No. 5230 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 THE HONOURABLE MR.JUSTICE K.RAJASEKAR

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CMP No. 5230 of 2025 and

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A.S. Nos. 206 & 205 of 2025

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V.S.Narayanan

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S/o. Late Seshadrinathan, Old No. 41/New No. 85, Flat No.1D, First Avenue , Indira Nagar, Adyar, Chennai -20

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Appellant(s)

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V.S.Vaithiyanathan

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S/o. Late Seshadrinathan, T.M.C.36/931, Devi Nivas, Gangothry Apartments, Paliyam Road, Thrissur 680 001.

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Respondent(s)

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AS No. 206 of 2025

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V.S.Narayanan

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S/o. Late Seshadrinathan, Old No. 41/New No. 85, Flat No.1D, First Avenue, Indira Nagar, Adyar, Chennai -20

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Appellant(s)

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V.S.Vaithiyanathan

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S/o. Late Seshadrinathan, T.M.C.36/931, Devi Nivas, Gangothry Apartments, Paliyam Road, Thrissur 680 001.

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

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CMP No. 5230 of 2025

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Respondent(s)

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AS No. 205 of 2025

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V.S.Narayanan

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S/o. Late Seshadrinathan, No. 85/41, First Avenue , Indira Nagar, Adyar, Chennai -20

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Appellant(s)

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V.S.Vaithiyanathan S/o. Late Seshadrinathan, T.M.C.36/931, Devi Nivas, Gangothry Apartments, Paliyam Road, Thrissur 680 001.

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Respondent(s)

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CMP No. 5230 of 2025

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PRAYER

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To grant an order of Interim Stay of the operation of Judgement and decree made in OS No.1715 of 2019 dated 02.04.2024 on the file of VI Additional City Civil Court, Chennai pending the disposal of the above First Appeal.

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AS No. 206 of 2025

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PRAYER

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To set aside the Judgement and decree dated 02.04.2024 made in OS No.1715 of 2019 on the file of VI Additional City Civil Court, Chennai and to allow the First Appeal.

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AS No. 205 of 2025

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PRAYER

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To set aside the Judgement and decree dated 02.04.2024 made in OS No.3228 of 2017 on the file of VI Additional City Civil Court, Chennai and to allow the First Appeal.

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CMP No. 5230 of 2025

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For Appellant(s): Mr.S.Kousik For Respondent(s): Mr.R.N.Amarnath

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

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CMP No. 5230 of 2025

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ORDER

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