Dismissed¶¶27

J.K. John Herbert Singh v. P. Sankar

Madras HC1 Apr 2025CMP/6662/2025

Case brief

AI extract

What is this about?

Ad-interim stay of execution refused; conditional deposit for stay. Keywords: CMP No.6662 of 2025; AS.No.349 of 2025; E.P.No.07/2024; OS.No.302/2018; decree dated 05.07.2023; Additional District Court Kancheepuram at Chengalpattu; admission of liability Rs.18,00,000/-; refusal to deposit; Miscellaneous Petition dismissed; execution proceedings to continue; appellant J.K. John Herbert Singh; respondent P. Sankar (no appearance); counsel Mr.R.Muthu Krishnan for appellant; coram S.M. Subramaniam and K. Rajasekar JJ.; decision dated 01-04-2025.

What did the court decide?

The petitioner/appellant/defendant admitted his liability towards Rs.18,00,000/- but did not agree to deposit the said amount for the purpose of considering the stay petition; accordingly, the Court was not inclined to consider the relief of interim stay. ¶¶24

J.K. John Herbert Singh Vs P. Sankar — Madras HC (2025) — LawSathi Research

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CMP No. 6662 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 01-04-2025

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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. 6662 of 2025

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AS.No.349 of 2025

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J.K. John Herbert Singh S/o.Late John Sundar, No.25/3-10, Jesus Bhavan, Kannarcode, Marthandam, Kanyakumari District - 629 165. Presently residing at No.2/109, Plot No.M-67, Vedanthangal Nagar, Bharathi Street, Sridevi Nagathaman Koil, Arasan Colony, Sithalapakkam, Kancheepuram District, Chennai - 126.

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Appellant(s)

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P. Sankar S/o. K. Palanisamy, No.3/102-A, MGR Street, Agaram main Road, Thiruvancherry, Chennai 120.

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Respondent(s)

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1 of 3

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

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CMP No. 6662 of 2025

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Prayer in CMP.No.6662 of 2025: To grant an order of Ad-Interim Stay of all further proceedings in E.P.No.07/2024 in wake of the Decree and Judgment passed in OS.No.302/2018 on 05.07.2023 by the learned Additional District Judge, Kancheepuram at Chengalpattu pending disposal of the main appeal. Prayer in A.S.No.349 of 2025: To set aside the Decree and Judgment in OS.No.302 of 2018 dated 05.07.2023 passed by the learned Additional District Court, Kancheepuram at Chengalpattu.

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For Appellant(s): Mr.R.Muthu Krishnan

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For Respondent(s): No Appearance

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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 petitioner/appellant/defendant has admitted his liability towards a

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sum of Rs.18,00,000/- but he has not agreed to deposit the said amount for the