Case brief
What is this about?
Madras High Court; CMP No.1795 of 2025 in SA No.67 of 2025; S. Sounthar J.; decided 17-03-2026; stay of judgment and decree under Section 151 Code of Civil Procedure; maintainability of stay petition where plaintiff's suit dismissed in first appeal; no executable order; AS No.4 of 2013 Principal District Court Ariyalur judgment dated 22.12.2023 reversing OS No.55/1985 District Munsif Court Jayankondam decree dated 23.12.1993; declaration and injunction suit; second appeal pending; CMP dismissed; counsel Krishna Kumar.N (appellants), T.Deeraj (respondents 1 to 5).
What did the court decide?
Since the suit filed by the appellants got dismissed, there is no executable order and hence there is nothing to stay; accordingly, the civil miscellaneous petition filed by the petitioners/appellants is not maintainable and is dismissed. ¶52