Dhanalakshmi (Died) 1. K.P.Suresh 2. P.Geetha Rani vs Karupayee

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2026 Supreme(Online)(Mad) 30750

IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. Sounthar, J
Dhanalakshmi (Died) 1. K.P.Suresh 2. P.Geetha Rani – Appellant
Versus
Karupayee – Respondent
S.A.No.804 of 2025

Advocates:
For the Appellants/Petitioners: Mr.C.Jagadish
For the Respondents: Mr.N.Manokaran

Important Points

Stay petition in second appeal not maintainable against execution of decree from unrelated suit.

Subject

Civil Law - Injunction and Execution

Act Referred

C.P.C.: S.151

Headnote

First Paragraph: The suit involved a bare injunction under relevant civil procedure provisions to restrain interference with possession (O.S.No.453 of 2011). Appellants sought stay of execution proceedings (EP.No.33 of 2023) arising from a specific performance decree in a separate suit (O.S.No.523 of 1994). Court found the stay petition in the second appeal challenging a decree from another suit not maintainable. Second Paragraph: Issue framed as maintainability of stay petition in second appeal against execution of decree from unrelated suit. Ratio: Stay petition seeking to halt execution from a different suit's decree is not maintainable in the present proceedings. Third Paragraph: Civil Miscellaneous Petition dismissed.

ORDER

The present Second Appeal is arising out of suit for bare injunction filed by the appellants restraining the respondents from interfering with their peaceful possession and enjoyment of the suit property in O.S.No.453 of 2011, on the file of Principal District Munsif, Namakkal. Pending the Second Appeal, the petitioners/appellants filed stay petition seeking stay of E.P.No.33 of 2023 pending on the file of Subordinate Court, Paramathi. The said Execution petition has been filed by the respondents seeking execution of decree for specific performance passed in O.S.No.523 of 1994. The instant stay petition filed by the petitioners/appellants seeking stay of Execution of decree passed in some other suit is not at all maintainable. Therefore, this Court is not inclined to entertain the same. Accordingly, the Civil Miscellaneous Petition is dismissed.

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