S.Jayaraman v. Jan Basha

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.02.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.GOVINDARAJ

C.M.A.NO.2132 OF 2011 AND M.P.NO.1 OF 2011

Jan Basha ... Respondent

PRAYER: Civil Miscellaneous Appeal filed under Order XLIII Rule 1(q) of the Code of Civil Procedure, against the order dated 24.02.2011 made in I.A.No.40 of 2011 in O.S.No.146 of 2010 on the file of First Additional District Judge, Salem.

Learned counsel for the appellant would submit that the present Civil Miscellaneous Appeal has been preferred against the dismissal of the injunction application filed by the appellant. During pendency of the appeal, the appellant preferred an interlocutory application in I.A.No.1115 of 2015 in O.S.No.146 of 2010 for rejection of plaint, under Order VII Rule 11 of the Code of Civil Procedure. The learned First Additional District Judge, Salem, vide his order dated 11.04.2017, has rejected the plaint. In view of rejection of plaint, it is submitted that nothing survives for further adjudication in this Civil Miscellaneous Appeal.

1. Recording the submissions made by the learned counsel for the appellant, the Civil Miscellaneous Appeal is closed. No costs. Consequently, connected miscellaneous petition is closed.