Specific performance
malasunder
(Querist) 20 March 2014
This query is : Resolved
The case was decreed for specific performance. The Defendant filed appeal in Madras High court. During "STAY" hearing, the Plaintiffs advocate, instead of opposing the stay voiced that the case is straight forward and that the Plaintiffs were ready with the final arguments, and also requested and early date for final hearing. The Judge posted the following in the final stay order
"we direct the Registry to list the appeal for final hearing after making the pleadings set ready in the third week of March 2014."
What does it mean?
Anirudh
(Expert) 20 March 2014
From what you have posted, obviously, the Court has not granted any STAY in the matter in favour of the Appellant.
The court has agreed to the plea of early hearing as prayed by your Advocate.
The Court has directed the Registry to get the pleadings complete i.e. reply to the appeal from your side, then rejoinder to the same if any from the appellant to the same. If all these things are there, then the matter is ready/ripe for final hearing. In that event, the Registry is to place/list the Appeal before the Court for final hearing. If the pleading is not complete, then the Registry will not be in a position to list before the Court, as final hearing cannot take place unless there is completion of pleading.
Dr J C Vashista
(Expert) 21 March 2014
Was there any interlocutory application for grant of stay? If yes, the application will be decided first, then only HC shall hear final arguments.
T. Kalaiselvan, Advocate
(Expert) 23 March 2014
I agree with Mr. Anirudh's views on the subject issue. During a hearing for staying the proceedings, if the counsel pleaded for final hearing, the appeal case can be taken for the final argument/pleading, it depends on the case.
Guest
(Expert) 27 March 2014
It can not be treated as no stay granted.No transactions would be entitled till the disposal of case
malasunder
(Querist) 06 April 2014
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