← Library
Madras High CourtCMP/21409/2023dismissed

Palaniammal v. Ganesan

2024-06-19Honourable Mr Justice V. Lakshminarayanan2 pages

C.M.P.No.21409 of 2023 in S.A.No.332 of 2020 C.M.P.No.21409 of 2023 in S.A.No.332 of 2020 and C.M.P.No.6802 of 2020 V.LAKSHMINARAYANAN,J., This is an appeal arising out of the suit for declaration of title and recovery of possession.

2. Pending the appeal, the appellants had the benefit of an interim order, as is seen from the order dated 24.03.2020. If I vacate the stay granted by this Court four years ago, it would result in an unjust position that though an appeal is pending, the respondents will be entitled to take possession of the suit property.

3. As admittedly the possession is with the appellants, I am not inclined to vacate the stay granted by this Court. Furthermore, no reasons have been given to vacate the stay granted. Consequently, C.M.P.No.21409 of 2023 is dismissed. The interim stay granted in C.M.P.No.6802 of 2020 is made absolute. 19.06.2024 (1/2) dm 1/2 https://www.mhc.tn.gov.in/judis

C.M.P.No.21409 of 2023 in S.A.No.332 of 2020 V.LAKSHMINARAYANAN,J., dm C.M.P.No.21409 of 2023 in S.A.No.332 of 2020 and C.M.P.No.6802 of 2020 19.06.2024 (1/2) 2/2 https://www.mhc.tn.gov.in/judis