Greater Chennai Corporation vs A.Shanthi
2023 Latest Caselaw 2003 Mad

                                                                                 O.S.A.No.204 of 2021

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                                DATED : 07.03.2023
                                                      CORAM:
                                  THE HONOURABLE MR. JUSTICE R. MAHADEVAN
                                                         AND
                           THE HONOURABLE MR. JUSTICE MOHAMMED SHAFFIQ
                                                O.S.A.No.204 of 2021
                                             and C.M.P.No.8398 of 2021


                     Greater Chennai Corporation
                     Rep by its Commissioner
                     Ripon Buildings
                     Chennai – 600 003                                               .. Appellant

                                                         Versus


                     A.Shanthi                                                     .. Respondent


                     Prayer: Original Side Appeal is filed under Order 36 Rule 9 of O.S. Rules
                     r/w clause 15 of the Letters Patent to set aside the Fair Order and decreetal
                     Order dated 10.03.2021 made in Application No.1827 of 2020 in
                     C.S.No.116 of 2020.


                                         For Appellant    : Mr.M.Gopinathan

                                         For Respondent : Mr.M.Balasubramanian




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https://www.mhc.tn.gov.in/judis
                                                                                          O.S.A.No.204 of 2021

                                                           JUDGMENT

(Judgment of the Court was made by R. MAHADEVAN, J.)

The appellant / defendant has preferred this original side appeal

against the order dated 10.03.2021 passed by the learned Judge in

dismissing the application bearing no.1827 of 2020 filed for rejection of the

plaint in CS.No.116 of 2020.

2. When the matter was taken up for consideration, the learned

standing counsel for the appellant fairly submitted that in the suit, trial has

already commenced and the said fact has also been conceded by the learned

counsel for the respondent / plaintiff.

3. In view of the above, this court disposes this appeal by leaving it to

the parties to face the trial and get along with the suit, in accordance with

law. No costs. Consequently, connected miscellaneous petition is closed.

[R.M.D., J.] [M.S.Q., J.] 07.03.2023

Index : Yes/No Internet : Yes/No Speaking/Non-speaking order dhk

https://www.mhc.tn.gov.in/judis O.S.A.No.204 of 2021

R. MAHADEVAN, J.

AND MOHAMMED SHAFFIQ, J.

dhk

O.S.A.No.204 of 2021

07.03.2023

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