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2005 DIGILAW 1580 (SC)

M. S. D. C. RADHARAMANAN v. M. S. D. CHANDRASEKARA RAJA

2005-10-03

R.V.RAVEENDRAN, S.B.SINHA

body2005
ORDER 1. Leave granted. 2. The High Court by reason of its impugned order refused to extend stay only on the ground that in spite of the suggestions made, no efforts had been made for settlement of their disputes by the appellant herein. On the said ground alone, in our opinion, the stay could not have been refused to be extended. It was obligatory for the High Court to consider the matter on merits and pass an appropriate order. In this view of the matter, the impugned order of the High Court cannot be sustained. Accordingly, we set aside the impugned order and remit the matter to the High Court for its consideration afresh. All contentions of the parties shall remain open. The appeal is disposed of accordingly.