Banu vs Nagendiran
2026 Latest Caselaw 2046 Mad

Madras High Court

Banu vs Nagendiran on 20 April, 2026

                                                                     CMP No. 9242 of 2026


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                              DATED: 20-04-2026
                                                    CORAM
                                      THE HON'BLE MRS.JUSTICE N. MALA
                                              CMP No. 9242 of 2026
                                                      IN
                                              AS NO. 446 OF 2026
                1. Banu
                   W/o. kaliappan,
                   No.3/269, Anna Nagar,
                   Kilyanur Village,
                   Vanur, Villupuram Dt.

                   Kaliappan (Died)
                2. Thilagar
                   S/o. Kaliappan,
                   No.3/269, Anna Nagar,
                   Kilyanur Village,
                   Vanur, Villupuram Dt.

                3. Dinesh
                   S/o. Kaliappan,
                   No.3/269, Anna Nagar,
                   Kilyanur Village,
                   Vanur, Villupuram Dt.

                                                                        ..Appellant(s)
                                                      Vs
                Nagendiran
                S/o.Gurunathan,
                No.113, Bharathi Street,
                Sudhana Nagar,
                Nainr Mandapam, Mudaliarpet,
                Puducherry 605 004
                                                                      ..Respondent(s)
                                               AS No. 446 of 2026
                1. Banu
                   W/o. kaliappan, No.3/269, Anna Nagar,
                   Kilyanur Village, Vanur, Villupuram Dt.               Appellant(s)

                                                                              __________
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                                                                            CMP No. 9242 of 2026


                   Kaliappan (Died)
                2. Thilagar
                   S/o. Kaliappan,
                   No.3/269, Anna Nagar,
                   Kilyanur Village,
                   Vanur, Villupuram Dt.

                3. Dinesh
                   S/o. Kaliappan,
                   No.3/269, Anna Nagar,
                   Kilyanur Village,
                   Vanur, Villupuram Dt.

                                                           Vs
                Nagendiran
                S/o.Gurunathan, No.113, Bharathi Street,
                Sudhana Nagar, Nainr Mandapam, Mudaliarpet,
                Puducherry 605 004                                            Respondent(s)

                                                   CMP No. 9242 of 2026
                                  To stay further proceedings judgement and decree in OS
                No.37/2021 dated 17.12.2025 passed by the learned trial court II Additional
                District Court, Tindivanam, Villupuram District until disposal of the main
                Appeal.
                                                    AS No. 446 of 2026
                                  To the Judgement and Decree dated 17.12.2025 passed in OS
                No.37 of 2021 on the file of II Additional District Judge, Tindivanam
                Villupuram District to be set aside by allowing this appeal to dismiss the suit
                therein and thus render justice.
                                                   CMP No. 9242 of 2026
                              For Appellant(s):          V.Manohar
                                                         T. Balachandran
                                                         S. Pavithrashini
                                                         V. Ruthra Mohan
                                                         K. Sripal

                              For Respondent(s):
                                                                                    __________
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                                                                                   CMP No. 9242 of 2026



                                                        ORDER

(1) The petitioner has filed the above miscellaneous petition seeking to stay

all further proceedings of judgement and decree in OS No.37/2021 dated

17.12.2025 passed by the learned II Additional District Judge,

Tindivanam, Villupuram District until disposal of the main Appeal.

(2) The learned counsel for the petitioners submitted that the issue involved

in the appeal is whether the suit Sale Agreement was executed as a

security deposit for the hand loan of Rs.15 lakhs, received by the husband

of the 1st petitioner. The learned counsel submitted that taking advantage

of the decree in his favour, the respondent is trying to execute the decree.

The learned counsel submitted that if the decree is executed pending

Appeal Suit, grave and irreparable loss and hardship would be caused to

the petitioners, apart from rendering the Appeal itself as infructous and

hence prayed for interim orders.

(3) I find a prima facie case is made out for grant of interim orders and the

balance of convenience is also in favour of the petitioners.

(4) Hence, there shall be an order of stay of all further proceedings of

judgement and decree in OS No.37/2021 dated 17.12.2025 passed by the

learned II Additional District Judge, Tindivanam, Villupuram District,

till 12.06.2026.

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(5) Notice to the respondent through Court as well as privately returnable by

12.06.2026.

(6) Post the matter on 12.06.2026.

20-04-2026

AP Internet: Yes

To Nagendiran S/o.Gurunathan, No.113, Bharathi Street, Sudhana Nagar, Nainr Mandapam, Mudaliarpet, Puducherry 605 004

To Nagendiran S/o.Gurunathan, No.113, Bharathi Street, Sudhana Nagar, Nainr Mandapam, Mudaliarpet, Puducherry 605 004

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N.MALA, J.

AP

IN AS NO. 446 OF 2026

20-04-2026

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