Abdul Shukkar vs Velmurugan
2024 Latest Caselaw 21820 Mad

Madras High Court

Abdul Shukkar vs Velmurugan on 20 November, 2024

Author: N. Sathish Kumar

Bench: N. Sathish Kumar

                                                                           C.R.P.[NPD].No.4718 of 2024

                                   THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      Date : 20.11.2024

                                                          CORAM:

                                  THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR

                                  C.R.P.[NPD].No.4718 of 2024 & CMP.No.26334 of 2024



                     1. Abdul Shukkar
                     2. Yasmin Shakkur                                        . . . Petitioners


                                                        Versus

                     Velmurugan                                               . . . Respondent



                     PRAYER : Petition filed under Article 227 of Constitution of India to set
                     aside the Order and decree passed by the learned III Additional Judge, City
                     Civil Court, Chennai dated 23.09.2024 in I.A.No.3 of 2014 in A.S.No.273
                     of 2024 and allow the above petition.


                                     For petitioner     : Ms.Sudharshana Sunder




                     Page 1 / 5



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                                                                                 C.R.P.[NPD].No.4718 of 2024



                                                          ORDER

This revision has been filed challenging the Order of the first

appellate Court declining to grant stay of the decree and judgment passed in

O.S.No.1408 of 2014.

2. The suit in O.S.No.1408 of 2014 has been filed for recovery of a

sum of Rs.7 lakhs along with interest. It is stated in the plaint that the

defendants have borrowed the money and executed promissory notes,

besides loan agreement. The same was denied by the defendants. After

contest, a decree has been passed for a sum of Rs.8,36,500/- with

subsequent interest at the rate of 6%. As against which, an appeal has been

filed in A.S.No.273 of 2024. In the appeal, an application has been filed to

stay the operation of decree and judgment passed in O.S. No.1408 of 2014.

The said application has been rejected stating that trial Court records have

not been received and without perusing the records, the Court cannot

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consider whether the petitioner is entitled to stay. Challenging the same, the

present revision petition has been filed.

3. I have perused entire materials. The impugned Order has been

passed mainly on the ground that the records have not been received from

the trial Court and therefore, stay has not been granted. This Court is of the

view that if the records have not been received from the lower Court, the

appellate Court ought to have directed the appellant to produce the certified

copy of the documents. Hence, the impugned Order clearly indicate non

application of mind and the trial Court has not applied its mind and

exercised it discretion properly. In such view of the matter, the impugned

Order has to be set aside.

4. Accordingly, this Civil Revision Petition is allowed and the

impugned Order dated 23.09.2024 passed in I.A.No.3 of 2024 in

A.S.No.273 of 2024 is set aside and the learned III Additional Judge, City

Civil Court, Chennai is directed to rehear the application and if the certified

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copy of the documents are produced, the same can be considered and pass

fresh Orders on its own merits. No costs. Consequently, connected

miscellaneous petition is closed.

20.11.2024

Index : Yes / No Internet: Yes Speaking/non speaking order

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N. SATHISH KUMAR, J.

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20.11.2024

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