A. Sulaiha v. M.K.Noor Mohammed
Case brief
What is this about?
Madras High Court, single judge (S. Sounthar, J.), order dated 09-04-2026 in CMP.No.9344 of 2026 in SA No. 277 of 2026. Petition under Order XLI Rule 5 read with Section 151 of CPC for stay of the judgment and decree dated 17.03.2026 of the Additional District Judge, Chengalpattu in AS. No.15 of 2012 (suit dismissed by the first appellate court) pending disposal of the second appeal. Stay refused on the ground that the suit stood dismissed and there was nothing to stay; CMP dismissed. Petitioners/appellants: A. Sulaiha and Y. Shamim Sadat; respondents include M.K. Noor Mohammed, the Sub Registrar Thiruporur (Kancheepuram District), and legal heirs of deceased M.O. Yasin. For appellants: Mrs. Chitra Sampath, Senior Counsel for Mr. S. Ranjith Kumar. No precedent cited.
What did the court decide?
Since the judgment and decree passed by the first appellate court resulted in dismissal of the suit, there is nothing to stay in the operation of the judgment and decree dated 17.03.2026 passed by the learned Additional District Judge, Chengalpattu in AS. No.15 of 2012.