S.Manivasagam vs Smt.K.Thilagavathi
2023 Latest Caselaw 143 Mad

                                                                                O.S.A.No.259 of 2021

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 03.01.2023

                                                       CORAM

                                THE HON'BLE MR.JUSTICE R.MAHADEVAN
                                                and
                          THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD

                                               O.S.A.No.259 of 2021
                                                        and
                                          C.M.P.Nos.12221 & 12223 of 2021

                     1.S.Manivasagam
                     2.S.Asokan
                     3.Shanmugam                                ...Appellants
                                                        Vs
                     1.Smt.K.Thilagavathi
                     2.K.Yuva Bharathi
                     3.K.Nava Bharathi
                     4.K.Sasi
                     5.Minor K.Sabarivasan
                     rep.by his mother &
                     natural guardian 1st respondent
                     6.Mrs.Rakkammal
                     7.Lakshmi
                     8.S.Pandian @ Sekar Pandian
                     9.Sugumar


                     Page 1 of 5


https://www.mhc.tn.gov.in/judis
                                                                                      O.S.A.No.259 of 2021

                     10.Vinod kumar                                          ... Respondents


                     PRAYER: Original Side Appeal filed under Order XXXVI Rule 9 of
                     Original Side Rules read with Clause 15 of Letters Patent to set aside the
                     Order dated 16.12.2020 passed in Application No.703 of 2019 in C.S.No.576
                     of 2011 on the file of the Original Side of this Court.


                                  For Appellants    : Mr.V.Venkatasamy

                                  For Respondents : Mr.M.Balasubramanian for R1 to R5.
                                               Mr.R.Srinivasalu for R6.
                                               Mr.P.B.Suresh Babu for R8
                                               No appearance for R7 & R10.



                                                       JUDGMENT

[Judgment of the Court was made by R.MAHADEVAN,J,]

This Original Side Appeal has been filed to set aside the Order dated

16.12.2020 passed in Application No.703 of 2019 in C.S.No.576 of 2011 on

the file of this Court.

2. When this Original Side Appeal was taken up for hearing, the

learned counsel for the appellant fairly submitted that since the preliminary

https://www.mhc.tn.gov.in/judis O.S.A.No.259 of 2021

decree passed in the Suit in C.S.No.576 of 2011 was set aside and the Suit is

now at the stage of framing issues, nothing survives for further adjudication in

this appeal and he has also made an endorsement to that effect.

3. Recording the above submission and the endorsement made by the

learned counsel for the appellant, this Original Side Appeal is disposed of.

No costs. Consequently, connected Miscellaneous Petitions are closed.

                                                   (R.M.D.,J.)     (J.S.N.P.,J.)
                                          03.01.2023
                     ay

                     Index:Yes / No

Speaking Order / Non-speaking Order Neutral Citation: Yes / No

https://www.mhc.tn.gov.in/judis O.S.A.No.259 of 2021

R.MAHADEVAN,J.

and J.SATHYA NARAYANA PRASAD,J.

ay

O.S.A.No.259 of 2021 and C.M.P.Nos.12221 & 12223 of 2021

https://www.mhc.tn.gov.in/judis O.S.A.No.259 of 2021

Dated:03.01.2023

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