[Cites 1, Cited by 0]
Madras High Court
P.N.Krishnan, vs R.Shanmugaraj, on 20 April, 2026
CMP No. 9257 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20-04-2026
CORAM
THE HON'BLE MRS.JUSTICE N. MALA
CMP No. 9257 of 2026
IN
AS NO. 447 OF 2026
P.N.Krishnan,
S/o.P.S.Natarajan,
No.41/4, Site No.80,
Thirumurugan Nagar, 4th Cross Street,
Coimbatore -641 041.
Rep. by his Power Agent,
Gayathri,
Wife of Mohan,
Door No.804, B Building,
Raheja Heights, OFF Film City Road,
Opposite to Sarawat Bank,
Mumbai -400 097.
State of Maharashtra.
..Appellant(s)
Vs
1. R.Shanmugaraj,
S/o.A.Ramasamy,
Old No.13-1, New No.46,
Thiyagaraya New Street No.2,
Coimbatore -641 001.
2. M/s.DHFL Vysa Housing Finance Limited,
Rep. by its Authorized Officer,
No.382C Manian Corner,
DB Road, RS Puram,
Coimbatore -641 002.
3. M/s.State Bank of India,
Rep. by its Authorized Officer,
Veerakeralam Branch,
1/1 Sf No.69/2, Mariamman Koil Street,
Veerakeralam,
Coimbatore -641 007.
__________
Page1 of 5
https://www.mhc.tn.gov.in/judis
CMP No. 9257 of 2026
..Respondent(s)
AS No. 447 of 2026
P.N.Krishnan,
S/o.P.S.Natarajan, No.41/4 Site No.80,
Thirumurugan Nagar, 4th Cross Street, Coimbatore
-641 041. Rep. by his Power Agent, Gayathri,
Wife of Mohan, Door No.804, B Building, Raheja
Heights, OFF Film City Road, Opposite to Sarawat
Bank, Mumbai -400 097. State of Maharashtra.
Appellant(s)
Vs
1. R.Shanmugaraj,
S/o.A.Ramasamy, Old No.13-1, New No.46,
Thiyagaraya New Street No.2, Coimbatore -641
001.
2. M/s.DHFL Vysa Housing Finance Limited,
Rep. by its Authorized Officer,
No.382C Manian Corner,
DB Road, RS Puram,
Coimbatore -641 002.
3. M/s.State Bank of India,
Rep. by its Authorized Officer,
Veerakeralam Branch,
1/1 Sf No.69/2, Mariamman Koil Street,
Veerakeralam,
Coimbatore -641 007.
Respondent(s)
CMP No. 9257 of 2026
To stay the operation of the Judgment and Decree dated 07.10.2025
passed in O.S.No.670 of 2008 by the Honble Fifth Additional District Judge,
Coimbatore, pending disposal of the Appeal Suit and thus render justice.
AS No. 447 of 2026
To set aside the Judgment and Decree dated 07.10.2025 in
O.S.No.670 of 2008 on the file of the Fifth Additional District Judge,
Coimbatore, with cost throughout and allow the Appeal and thus render justice.
__________
Page2 of 5
https://www.mhc.tn.gov.in/judis
CMP No. 9257 of 2026
CMP No. 9257 of 2026
For Appellant(s): A.Mohamed Ismail
T.Venugopal
A.Arshath Ahamed
For Respondent(s):
ORDER
(1) The petitioner has filed the above miscellaneous petition seeking to stay
the operation of the Judgment and Decree dated 07.10.2025 passed in
O.S.No.670 of 2008 by the Honble Fifth Additional District Judge,
Coimbatore, pending disposal of the Appeal Suit.
(2) The learned counsel for the petitioner submitted that the issue in the
Appeal was regarding the genuineness of the alleged Sale Agreement,
particularly, with respect to the meagre consideration reflected in the suit
Sale Agreement. The learned counsel further submitted that the 1 st
respondent/plaintiff failed to prove his readiness and willingness to
perform their part of the contract as envisaged under Section 16[c] of the
Specific Relief Act and therefore, the Trial Court erred in decreeing the
suit. The learned counsel submitted that the petitioner has an arguable
case on the aforesaid grounds and if the decree is executed pending
appeal, grave and irreparable loss and hardship would be caused to the
petitioner/defendant 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 petitioner.
__________
Page3 of 5
https://www.mhc.tn.gov.in/judis
(4) Hence, there shall be an order of interim stay of operation of the
Judgment and Decree dated 07.10.2025 passed in O.S.No.670 of 2008
by the learned V Additional District Judge, Coimbatore,, till 12.06.2026.
(5) Notice to the respondents 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
1. R.Shanmugaraj,
S/o.A.Ramasamy,
Old No.13-1, New No.46,
Thiyagaraya New Street No.2,
Coimbatore -641 001.
2. M/s.DHFL Vysa Housing Finance Limited,
Rep. by its Authorized Officer,
No.382C Manian Corner,
DB Road, RS Puram,
Coimbatore -641 002.
3. M/s.State Bank of India,
Rep. by its Authorized Officer,
Veerakeralam Branch,
1/1 Sf No.69/2, Mariamman Koil Street,
Veerakeralam,
Coimbatore -641 007.
__________
Page4 of 5
https://www.mhc.tn.gov.in/judis
N.MALA, J.
AP
IN
AS NO. 447 OF 2026
20-04-2026
__________
Page5 of 5
https://www.mhc.tn.gov.in/judis
