Case Note & Summary
The case involved an appeal from an interim order of the High Court concerning a partition suit. The Appellant, Pabbathi Venkataramaiah Chetty, contested the final decree that required the division of a commercial building he occupied and operated as a lodge. The Appellant sought a stay of execution of the decree, arguing that his rights would be compromised without such a stay. The High Court had previously ordered that the appeal be listed for final hearing after the Dassara Vacation and prohibited the demolition of the building until then. The first Respondent, Pabbathi N. Rathnamaiah Chetty, claimed entitlement to a two-thirds share of the property and argued that the Appellant's continued possession deprived him of income, estimating a loss of Rs. 25,000 per month. The court recognized the Appellant's need for protection against dispossession but also acknowledged the first Respondent's financial interests. Consequently, the court modified the High Court's interim order, allowing the Appellant to remain in possession provided he paid Rs. 25,000 monthly to the first Respondent, starting from February 1, 2007. The court emphasized that this order was interim and did not reflect any opinion on the merits of the appeal or the quantum of mesne profits. The High Court was urged to expedite the hearing of the appeal, and each party was directed to bear its own costs.
Headnote
A) Civil Procedure - Interim Relief - Stay of Dispossession - Code of Civil Procedure, 1908 - Court modified the interim order to grant stay of dispossession of the Appellant during the pendency of the appeal, subject to payment of Rs. 25,000/- per month to the first Respondent. The court balanced the interests of both parties, ensuring the Appellant's possession while compensating the first Respondent for loss of income (Paras 6-7).
Issue of Consideration
Whether the Appellant should be granted a stay of dispossession pending appeal and under what conditions.
Final Decision
The Supreme Court modified the interim order of the High Court, granting a stay of dispossession to the Appellant during the pendency of the appeal, contingent upon the Appellant paying Rs. 25,000 per month to the first Respondent, starting from February 1, 2007. The court directed that if the Appellant defaulted in payment, the stay would be vacated.
Law Points
- Interim relief
- stay of dispossession
- partition suit
- mesne profits
