Madras High CourtCMP/16886/2018closed

A.Ekambari v. Mr.Vasudevan

2018-12-03Honourable Ms. Justice P.T. Asha2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Civil Appellate Jurisdiction ) Monday, the Third day of December Two Thousand Eighteen PRESENT THE HON`BLE MS.JUSTICE P.T.ASHA CMP No.16886 of 2018 in AS No.624 of 2018 A.EKAMBARI [ PETITIONER ] Vs MR.VASUDEVAN [ RESPONDENT ] Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to stay the execution of the Decree in OS.No.195/2014 dt.29.06.2018 on the file of the III Additional City Civil Judge, Chennai pending AS No.624 of 2018.

Order : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.V.MANOHAR, Advocate for the petitioner and of M/S.C.UMASHANKAR Advocate (Caveator) on behalf of the Respondents the court made the following order:- This Civil Miscellaneous Petition is filed seeking an order of stay of the execution of the decree in O.S.No.195 of 2014 dated 29.06.2018 on the file of the III Additional City Civil Judge, Chennai pending disposal of the above Appeal.

2. Mr.C.Umashankar, caveator counsel for the respondent would submit that the petitioner herein has filed the present petition only to stay the execution of the decree and they have no case of merits.

3. The submissions are heard. Considering the fact that the suit is one for specific performance and the defendant is the appellant herein, there shall be an interim order of stay of execution of the sale deed alone.

4. This Civil Miscellaneous Petition is accordingly allowed. -sd/- 03/12/2018 / TRUE COPY / Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

https://hcservices.ecourts.gov.in/hcservices/

TO 1 THE REGISTRAR CITY CIVIL COURT, CHENNAI.

C.C. to M/S.V.MANOHAR Advocate SR.NO. 14891 C.C. to M/S.C.UMASHANKAR Advocate SR.NO. 14934 Order in CMP.16886/2018 in AS.624/2018 Date :03/12/2018 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format VS 03.01.2019 https://hcservices.ecourts.gov.in/hcservices/