P.P.Kaliappan vs A.M.Natarajan
2021 Latest Caselaw 2304 Mad

                                                                                 C.M.A.No.1304 of 2012

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    Dated : 02.02.2021

                                                          CORAM:

                                   THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI

                                                 C.M.A.No.1304 of 2012
                                                  and M.P.No.1 of 2012
                   1.P.P.Kaliappan
                   2.P.Munusamy

                                                                                      .. Appellants
                                                           Vs.
                   1.A.M.Natarajan
                   2.Hema                                                    .. Respondents
                   PRAYER : Civil Miscellaneous Appeal is filed under Order 43 Rule 1(U) of
                   the Code of Civil Procedure, to set aside the judgment and decree dated
                   30.11.2011 passed in A.S.No.20 of 2011, on the file of the Subordinate Judge,
                   Gobichettipalayam, setting aside (and remitting back) the judgment and
                   decree dated 08.06.2011 passed in O.S.No.174 of 2008, on the file of the
                   District Munsif Court, Gobichettipalayam, and allow the revision with cost.
                                          For Appellant     : Mr.B.Ram
                                          For Respondents : Mr.V.S.Kesavan for R1
                                                            No appearance for R2

                                                    JUDGMENT

This Civil Miscellaneous Appeal is preferred to set aside the

judgment and decree dated 30.11.2011 passed in A.S.No.20 of 2011, on the

https://www.mhc.tn.gov.in/judis/ C.M.A.No.1304 of 2012

file of the Subordinate Judge, Gobichettipalayam, setting aside (and remitting

back) the judgment and decree dated 08.06.2011 passed in O.S.No.174 of

2008, on the file of the District Munsif Court, Gobichettipalayam, and allow

the revision with cost.

2. When the matter is taken up for hearing, the learned counsel

for the appellants would submit that the suit was decreed after full contest on

20.11.2015. Since the suit was disposed of on merits, the Civil

Miscellaneous Appeal is not maintainable.

3. Recording the submissions made by the learned counsel for

the appellant, this Civil Miscellaneous Appeal is dismissed as infructuous.

Consequently, connected miscellaneous petitions are closed. No costs.

02.02.2021

ub Index : Yes/No Speaking Order: Yes/No

https://www.mhc.tn.gov.in/judis/ C.M.A.No.1304 of 2012

T.V.THAMILSELVI,J.

ub

C.M.A.No.1304 of 2012

02.02.2021

https://www.mhc.tn.gov.in/judis/