The Hon'ble Court, noting that the appellant was advised to withdraw the second appeal as it was no longer maintainable and only a revision could be filed, dismissed the appeal as withdrawn with liberty to file a Civil Revision Petition.
The appeal is dismissed as withdrawn with liberty to file a Civil Revision Petition challenging the impugned order.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.04.2016
CORAM
THE HONOURABLE MR. JUSTICE P.R.SHIVAKUMAR
C.M.S.A.No.36 of 2015 & M.P.No.1 of 2015
V.Rajaram ... Petitioner/1st Respondent/ Appellant
vs.
1.V.A.Saraswathi 2.A.Velliyangiri ... Not Parties in IP/Appellants 2&3 (impleaded during pendency of CMA as LRs of sole appellant)/ Respondents 1&2.
3.R.Nandagopal 4.K.Balaji ... Respondents 2&3/Respondent 2&3/ Respondents 3&4
Civil Miscellaneous Second Appeal filed under Section 75(2) of the Provincial Insolvency Act r/w Section 100 of the Code of Civil Procedure against the judgment and decree dated 17.03.2015 in C.M.A.No.54 of 2012 on the file of the III Additional District & Sessions Court, Salem reversing the fair and decreetal order dated 04.04.2012 in I.P.No.11 of 2010 on the file of the Principal Subordinate Court, Salem.
For Petitioner : Ms.S.Ramadevi
For Respondents: Mr.A.Sundaravadhanan
JUDGMENT
The learned counsel appearing for the appellant submits that the appellant has been advised to withdraw the Civil Miscellaneous Second Appeal, since the appellant was made to understand that no C.M.S.A will lie and only the Civil Revision Petition will lie. An endorsement to that effect has also been made.
Civil Revision Petition challenging the impugned order. No costs. Consequently, connected miscellaneous petition is closed.
Sd/Assistant Registrar(CS-III)
//True Copy//
Sub Assistant Registrar
vsm
To
+1 cc to Mr.D.Shivakumaran, Advocate, sr.22946
C.M.S.A.No.36 of 2015 & M.P.No.1 of 2015
ad co kra 28.04.2016
2 issues framed by the court
Whether the Civil Miscellaneous Second Appeal filed by the appellant was withdrawn in view of advice that no such appeal lay.
To what extent the appellant is with liberty to file a Civil Revision Petition challenging the impugned order.
4 provisions across 4 enactments
V.Rajaram
V.A.Saraswathi
A.Velliyangiri
R.Nandagopal
K.Balaji
P.R. Shivakumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
