VARADHARAJALU CHETTIAR Vs. RAMASAMY

JUDGEMENT

(1.) THE Petitioner/Appellant (son of the deceased 1st Defendant) has filed this Miscellaneous Petition praying to stay the Judgment and Decree dated 26.06.2009 in O.S.No.33 of 2006 passed by the trial Court viz., Additional District Judge, Puducherry at Karaikal.

(2.) THE Learned Counsel for the Petitioner/Appellant submits that the Petitioner/Appellant's father (deceased), during his life time, has beenlooking after the management of the Temple and that the Respondents 1 to 10/Plaintiffs have no manner of right and interest in the Temple and on the basis of the Judgment and Decree passed by the trial Court in the main suit, the Respondents 1 to 10 are making an endeavour to usurp the management of the Temple from him at any point of time and therefore, in the interest of justice, the Judgment and Decree passed by the trial Court dated 26.06.2009 in O.S.No.33 of 2006 may be stayed.

(3.) AS per Order 41 Rule 5 of Civil Procedure Code, a discretionary power has been conferred on the Appellate Court to grant stay if 'Sufficient Cause' is made out and the litigant satisfies the judicial conscience of the Court that it will sustain 'Substantial Cause'.