St.Peters Church Royapuram v. K.Abdul Samad and 10 others
Case brief
What is this about?
Madras High Court order dated 04-06-2026 by Justice K. Kumaresh Babu in A No. 1971 of 2026 in EP No. 64 of 2023. Stay application by St. Peters Church Royapuram against K. Abdul Samad and 10 others (including K.M.Saleem, K.Nizamudeen, P.C.Malpani and Co, M/s.Samad and Co estate) to stay operation of the order dated 07.04.2026 in A.No.5698 of 2024 (order of the learned Master) pending appeal. Held infructuous: respondent had withdrawn the amount on 01.06.2026 pursuant to payment out ordered by the learned Master; respondent directed to redeposit the money if the applicant succeeds in challenging the Master's order. Keywords: execution petition, payment out, stay application, infructuous, deposit back, appeal pending.
What did the court decide?
No stay granted; the application was recorded as infructuous. The Court clarified that if the applicant succeeds in challenging the learned Master's order, the respondent must deposit back the withdrawn amount.