Appeal from an order that set aside a decree and remanded the suit for evidence. The High Court dismissed the appeal, confirming the lower court's order and directing disposal within six months.
The appeal was dismissed; the impugned order confirming the decree and remanding matter for evidence is confirmed; suit to be disposed of within six months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
THURSDAY, THE SIXTH DAY OF JANUARY
TWO THOUSAND AND TWENTY TWO
PRESENT
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
CMA No. 1162 of 2021
N.Srinivasa Reddy
... Appellant/1st Respondent/Plaintiff
Vs
1.Raja Reddy S/o Thimma Reddy
Thimma Reddy (died)
Prayer:Civil Miscellaneous Appeal filed under Section 43 Rule 1(U) of the Code of CPC against the award and Decree dated 11/01/2021 made in A.S.No.7 of 2015 on the file of Additional Sub Court, Hosur, setting aside the Judgement and decree dated 23/12/2014 in OS No.94 of 2004 on the file of the District Munsif Court, Hosur.
DECREE:This Civil Miscellaneous Appeal coming on for hearing as to admission on this day, upon perusing the grounds of Appeal, the award of the Tribunal below and the material papers in this case and upon hearing the arguments of Mr.D.Sivakumaran, Advocate for the Appellant and of Mr.T.Sezhian for M/s.R.Meenal, Advocate for the Respondents this Court doth order and decree as follows;
i)That the Judgment and decree dated 11/01/2021 made in A.S.No.7 of 2015 on the file of Additional Sub Court, Hosur setting aside the Judgment and decree dated 23/12/2014 in O.S.No.94 of 2004 and remanding the matter with a permission to the parties to lead evidence on the file of the District Munsif Court, Hosur be and hereby are confirmed and this Civil Miscellaneous Appeal do stand dismissed;
ii)That the District Munsif Court, Hosur be and hereby shall ensure that the Suits are disposed of within a period of six months from the date of receipt of the order and receipt of the records from the Registry of this Court;
iii)That there be no costs in this Civil Miscellaneous Appeal;
SD/-
ASSISTANT REGISTRAR
// TRUE COPY //
SUB ASSISTANT REGISTRAR
vsg
To
+1cc to M/s.R.Meenal, Advocate Sr.1287 +1cc to Mr.D.Shivakumaran, Advocate Sr.1326
Dated:06/01/2022
DECREE
CMA No. 1162 of 2021
Dismissing the Civil Miscellaneous Appeal preferred against the Judgment and Decree dated 11/01/2021 made in A.S.No.7/2015 on the file of the Additional Sub Court, Hosur setting aside the Judgment and decree dated 23/12/2014 in O.S.No.94/2004 on the file of the District Munsif Court, Hosur etc., as stated therein.
spd[co] srg 16/03/2022
1 issue framed by the court
Whether to confirm the order setting aside a decree and remanding the matter with a permission to lead evidence.
1 provisions across 1 enactments
N.Srinivasa Reddy
Raja Reddy
R.Subramanian
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
