Kokilathammal vs Rani Agoramoorthy
2021 Latest Caselaw 2017 Mad

                                                                                C.M.A.No.148 of 2021

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED : 29.01.2021

                                                          CORAM

                              THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM

                                                    C.M.A.No.148 of 2021
                                                    C.M.P.No.1003 of 2021

                     1.Kokilathammal
                     2.Balasubramanian                                               .. Petitioners
                                                             vs.

                     1.Rani Agoramoorthy
                     2.Rajamuthaiah
                     3.Shanmuganathan
                     4.Abiramasundari @ Selvi                                        .. Respondents

                     PRAYER : Civil Miscellaneous Appeal filed under Order 43 Rule 1[u] of
                     C.P.C, ,against the judgment and decree of the Principal Sub-Court,
                     Mayiladuthurai dated 10.04.2012 made in A.S.No.43 of 2010 remanding
                     judgment and decree of District Munsif, Sirkali dated 25.09.2008 in
                     O.S.No.126 of 2005.
                                   For Petitioner              : Mr.B.Jawahar

                                   For Respondents           : Mr.A.Muthukumar




                     1/3


https://www.mhc.tn.gov.in/judis/
                                                                                    C.M.A.No.148 of 2021


                                                          ORDER

The learned counsel appearing for the respondents made a submission

that both the appellants died and before that, on 22.12.2016, the plaint itself

had been returned to the plaintiffs for the purpose of filing the plaint before

the proper court.

2. In view of the fact that the plaint itself is not pending, the cause

arouse for filing of the present appeal did not exist as of now. Thus, the

Civil Miscellaneous Appeal stands disposed of as infructuous. No costs.

Consequently, connected miscellaneous petition is also closed.

29.01.2021

ssb Index: Yes/No Internet:Yes/No Speaking order/Non-Speaking Order

To

1. The Principal Sub-Court, Mayiladuthurai

2. District Munsif, Sirkali

https://www.mhc.tn.gov.in/judis/ C.M.A.No.148 of 2021

S.M.SUBRAMANIAM, J.

ssb

C.M.A.No.148 of 2021

29.01.2021

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