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Madras High CourtCMP/15884/2026dismissed

G.Palanivel v. G.Rajendran

2026-07-03Honourable Mr.Justice V. Lakshminarayanan2 pages

CMP No. 15884 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03-07-2026

CORAM

THE HON'BLE MR.JUSTICE V. LAKSHMINARAYANAN CMP No. 15884 of 2026 in SA NO. 438 of 2026

1. G.Palanivel

2. P.Nithiyan ..Petitioners(s) Vs G.Rajendran ..Respondent(s) To grant an order of stay of operation of the Judgment and Decree dt. 26.11.2025 made in AS No. 15 of 2025 on the file of the learned Principal Sub Judge, Ariyalur, confirming the Judgment and decree dt. 19.11.2024 made in OS No. 232 / 2019 on the file of the learned District Munsif-cum- Judicial Magistrate, Sendurai, pending disposal of the above SA. For Petitioner(s):

Mr.Usharamman

ORDER

There is no execution proceeding pending before this Court to be stayed. 2.

The executable decree is one for a permanent injunction. This petition has been filed for a stay, whereas the petitioner ought to have filed for a suspension of the decree.

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

CMP No. 15884 of 2026 V.LAKSHMINARAYANAN, J.

VKR 3.

Furthermore, the lower Appellate Court did not stay the decree for permanent injunction during the pendency of the appeal. This petition has no merit. Consequently, this Civil Miscellaneous Petition is dismissed. 03-07-2026 VKR To 1.The Principal Sub Judge, Ariyalur.

2.The District Munsif-cum- Judicial Magistrate, Sendurai. CMP No. 15884 of 2026 in SA No. 438 of 2026 __________ https://www.mhc.tn.gov.in/judis