High CourtsSingle Bench(2004) 04 MAD CK 0005

G. Nagarajan and N. Karthikeyan vs S. Rayappan

Madras High Court · Decided on 29 April 2004

HON’BLE JUDGES
K. Gnanaprakasam, J
RESULT
Dismissed
CASE NUMBER
Tr. C.M.P. No. 7586 of 2004 and C.M.P. No. 7587 of 2004

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Judgment

9 paragraphs · 165 words

K. Gnanaprakasam, J.—No case has been made out for transfer. Hence, the Transfer C.M.P. is dismissed. But, however, it is stated that

the petitioners have already filed an application before the trial Court for the stay of the decree and no orders have been passed by the trial Court

and the application filed by the petitioners before the executing Court for the stay of the decree was dismissed and therefore, they have applied for

a transfer.

2.

As the application filed by the petitioners for the grant of stay is pending before the trial Court, if the decree is executed, the petitioners would be

put to unnecessary inconvenience. Hence, R.E.P.No.99 of 2002 pending on the file of Sub Court, Thirupathur is stayed upto 30.06.2004.

3.

The learned Sub Judge, Krishnagiri shall hear and dispose of the application filed by the petitioners herein for the stay of the decree on or before

15.06.2004.

4.

In the result, the Tr.C.M.P is dismissed. Consequently, connected C.M.P is dismissed.