G.Elumalai vs Rajarajan
2021 Latest Caselaw 440 Mad

                                                                                    M.P.No.1 of 2015 in
                                                                            C.M.S.A.SR.No.8090 of 2015

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED: 06.01.2021

                                                        CORAM:

                            THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM

                                                    M.P.No.1 of 2015
                                                           in
                                               C.M.S.A.SR.No.8090 of 2015

                     G.Elumalai                                                     .. Petitioner
                                                           Vs.

                     Rajarajan                                                     .. Respondent

                     PRAYER: M.P.No.1 of 2015 is filed under Section 5 of the Limitation
                     Act, to condone the delay of 742 days in filing the above Civil
                     Miscellaneous Appeal, against the judgment and decree passed in
                     C.M.A.No.2 of 2012 passed by the Learned Sub Judge, Gingee dated
                     02.07.2012 by reversing the decree and judgment passed by the Learned
                     Principal District Munsif, Gingee in I.A.No.1594 of 2011 in O.S.No.237
                     of 2011.

                     C.M.S.A.SR.No.8090 of 2015 is filed under Section 100 of the Code of
                     Civil Procedure, against the judgment and decree passed in C.M.A.No.2
                     of 2012 passed by the Learned Sub Judge, Gingee dated 02.07.2012 by
                     reversing the decree and judgment passed by the Learned Principal
                     District Munsif, Gingee in I.A.No.1594 of 2011 in O.S.No.237 of 2011.

                                      For Petitioners   : Mr.K.Vijayarajan
                                                          For Mr.V.R.Appaswamee
                                      For Respondent    : Batta due




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                                                                                    M.P.No.1 of 2015 in
                                                                            C.M.S.A.SR.No.8090 of 2015

                                                                    S.M.SUBRAMANIAM, J.

                                                                                                  kak

                                                       JUDGMENT

The learned counsel appearing on behalf of the

petitioner/appellant, through Video-Conferencing, made a submission

that the main suit itself was decided on 27.02.2020. Thus, the cause did

not exists.

2. In view of the submission made by the learned counsel for the

petitioner/appellant, the miscellaneous petition in M.P.No.1 of 2015

stands disposed of as infructuous and consequently, CMSA.SR.No.8090

of 2015 stands rejected at the SR Stage itself. No costs.

06.01.2021 Kak Index:Yes To

1.The Learned Sub Judge, Gingee.

2. The Learned Principal District Munsif, Gingee

3.The Sub Assistant Registrar, A.E.Section, High Court, Madras.

M.P.No.1 of 2015 in C.M.S.A.SR.No.8090 of 2015

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