Vijay Aravind vs Devaki
2022 Latest Caselaw 16589 Mad

                                                                                       S.A.No.583 of 2021


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED: 18.10.2022

                                                       CORAM

                                     THE HONOURABLE Ms. JUSTICE P.T. ASHA

                                                  S.A.No.583 of 2021
                                                         and
                                       C.M.P.Nos.12425 of 2021 and 13746 of 2022


                     1.Vijay Aravind
                     2.Anand Adhirey                                   ...Appellants
                                                          Vs

                     1.Devaki
                     2.Susila
                     3.Sekar @ Gunasekar
                     4.Kutti @ Annadurai
                     5.Lalitha
                     Respondents 1 to 5 are
                     Represented by their General
                     Power of Attorney
                     Mrs.Sarasu @ Sarobin.

                     6.Sarasu @ Sarobin                                ... Respondents

                     Prayer: Second Appeal is filed under Section 100 of C.P.C against the
                     Judgement and Decree passed in A.S.No.19 of 2019, dated 16.03.2021 on
                     the file of Sub-Court, Tambaram, reversing the Order and Decreetal order

                     1/4



https://www.mhc.tn.gov.in/judis
                                                                                           S.A.No.583 of 2021


                     passed in I.A.No.924 of 2017 in O.S.No.72 of 2015, dated 20.06.2018 on the
                     file of the District Munsif, Tambaram.
                                        For Appellants    : No Appearance
                                        For Respondents    : R1 to R5 represented by
                                                             Power of Attorney – R6.
                                                             Mr.T.Saikrishnan [R6]

                                                     JUDGEMENT

The learned counsel for the respondents has made an endorsement that

he is withdrawing the counter claim filed before the District Munsif,

Tambaram. Though the vacate stay petition was listed before this Court

twice, there was no representation on the side of the appellants. The learned

counsel for the respondent/ vacate stay petitioner had on the last date sought

time to get instructions from his client to withdraw the counter claim and

thereafter proceed with the Suit itself. Once the counter claim is withdrawn

nothing would survive for consideration in this Second Appeal. Today,

Mr.T.Saikrishnan, learned counsel for the sixth respondent on instructions

has made the above referred endorsement.

https://www.mhc.tn.gov.in/judis S.A.No.583 of 2021

2. Considering the above, nothing survives for further adjudication in

this Second Appeal. Hence, this Second Appeal is closed.

3. The Registry is directed to send back the records if any received

from the Courts below. It is also seen that the written statement has been filed

on 17.03.2015 itself, after which, the application for rejecting the counter

claim under the provisions of Order 7 Rule 11 of C.P.C., has been taken on

file.

4. In the light of the above fact, the learned District Munsif, Tambaram

is directed to dispose of the suit within a period of four months from the date

of receipt of a copy of this judgment. No costs. Consequently, connected civil

miscellaneous petitions are closed.

18.10.2022

Index : Yes/No Speaking order/non-speaking order ssn

https://www.mhc.tn.gov.in/judis S.A.No.583 of 2021

P.T.ASHA, J.,

ssn To

1. The Sub-Judge, Tambaram.

2. The District Munsif, Tambaram.

3. The Section Officer, V.R.Section, High Court, Madras.

S.A.No.583 of 2021 and C.M.P.Nos.12425 of 2021 and 13746 of 2022

18.10.2022

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