S.Saroja vs M.Subbathal
2024 Latest Caselaw 16022 Mad

Madras High Court

S.Saroja vs M.Subbathal on 19 August, 2024

Author: J.Nisha Banu

Bench: J.Nisha Banu

                                                                                     A.S.No.23 of 2020

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED : 19.08.2024

                                                          CORAM

                              THE HONOURABLE MRS. JUSTICE J.NISHA BANU
                                               AND
                              THE HONOURABLE MRS. JUSTICE R.KALAIMATHI

                                                     A.S.No.23 of 2020
                                                           and
                                                    C.M.P.No.30 of 2020

                     S.Saroja                                               ..Appellant

                                                          Vs.

                     M.Subbathal                                            ..Respondent



                     Prayer:


                                  Appeal filed under Section 96 of C.P.C. against the judgment and

                     decree dated 05.12.2017 passed in O.S.No.213 of 2016 on the file of the

                     I Additional District and Sessions Judge, Tiruppur, Tiruppur District.



                                  For Appellant     : Mr.C.Prakasam

                                  For Respondent    : Mr.A. Thiyagarajan


https://www.mhc.tn.gov.in/judis
                     Page 1/5
                                                                                     A.S.No.23 of 2020



                                                       JUDGMENT

(The order of the Court was made by Mrs.J.Nisha Banu,J.)

Today, the matter is listed under the caption 'Miscellaneous

Petitions-AS'.

2. The aforesaid Civil Miscellaneous Petition has been filed to

grant stay of all further proceedings pursuant to the judgment and decree

dated 05.12.2017 passed in O.S.No.213 of 2018 on the file of I

Additional District and Sessions Judge, Tiruppur, Tiruppur District,

pending disposal of the appeal.

3. The Appeal has been filed challenging the judgment and decree

dated 05.12.2017 passed in O.S.No.213 of 2018 on the file of I

Additional District and Sessions Judge, Tiruppur, Tiruppur District, in

which, a preliminary decree was passed directing the defendant/appellant

herein to to pay Rs.28,12,000/- with interest at the rate of 9% per annum

from the date of plaint (30.08.2016) till the date of payment on the

principal amount with cost of the suit within three months, in default of

payment on or before 10.03.2018, the plaintiff/respondent herein is https://www.mhc.tn.gov.in/judis

directed to bring the mortgage property described in the schedule for sale

and realize the decree amount through sale proceeds.

4. When the civil miscellaneous petition is taken up for hearing, it

is stated by the learned counsel appearing for the respondent/plaintiff

that though the petitioner/appellant has filed the miscellaneous petition

seeking stay of the preliminary decree dated 05.12.2017, a final decree

has already been passed on the same as early as on 23.02.2021 and

subsequently, Execution Petition has also been filed in E.P.No.76 of

2021 and an order of delivery was passed on 19.10.2022. Therefore,he

would state that nothing survives for adjudication in the stay petition as

well as in the Appeal and prays for dismissal of the appeal. Learned

counsel for the respondent has also filed a typed set of paper containing a

copy of the final decree and judgment dated 23.02.2021 passed in

I.A.No.221/2019 in O.S.No.213 of 2016.

6. In view of the above submission made by the learned counsel

for the respondent and since a final decree was passed in the above suit,

we are of the view that nothing survives for further adjudication in the

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

present appeal. Accordingly, the Appeal stands dismissed. Consequently,

the connected miscellaneous petition is closed.

                                                                 (J.N.B,J.)    (R.K.M., J.)
                     Index        : Yes / No                           19.08.2024
                     Internet     : Yes
                     vsi

                     To

I Additional District and Sessions Judge, Tiruppur, Tiruppur District.

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

J. NISHA BANU, J.

and R.KALAIMATHI,J.

vsi

and

19.08.2024

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