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A.Kalyani Ammal Vs G.Thangarajan — Contract and Commercial Disputes | Madras HC (2023)

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Madras HC
2023
A.Kalyani Ammal Vs G.ThangarajanA.Kalyani Ammal v. G.Thangarajan

Disposed

A.Kalyani Ammal v. G.Thangarajan

Madras HC7 Jun 2023CMA(MD)/353/2021

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court disposed of the appeal because the trial court had already decreed the suit.

What did the court decide?

The Civil Miscellaneous Appeal is disposed of; Consequently, the connected Miscellaneous Petition is closed.

What the court decided

AI extract

A

C.M.A.(MD).No.353 of 2021

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 07.06.2023

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR

C.M.A.(MD).No.353 of 2021 and C.M.P.(MD).No.2909 of 2021

A.Kalyani Ammal

... Appellant / Respondent / Defendant

Vs.

1.G.Thangarajan

2.T.Mallika

3.T.Muniyandi

4.T.Devika

Parties & counsel

AI extract

appellant
A.Kalyani Ammal
respondent
G.Thangarajan and Others

Coram

AI extract

N.Sathish Kumar

Case details

As recorded by the court registry

Court: Madras HC
Decided on: 7 Jun 2023 · June
Registered: 22 Mar 2021
Case no.: CMA(MD)/353/2021

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Cite this judgement

A.Kalyani Ammal v. G.Thangarajan, CMA(MD)/353/2021 (MAD), decided on 7 June 2023.

The Madras High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

N.Sathish Kumar

Parties & counsel

Outcome

The Civil Miscellaneous Appeal is disposed of; Consequently, the connected Miscellaneous Petition is closed.

Detailed headnote1 paragraphs

The appeal was disposed of as the suit was subsequently decreed by the trial court post-remand, leaving no cause for survival of the appeal.

A compact analysis

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.

5.T.Dhanalakshmi

6.T.Gurusamy

7.T.Kannan

... Respondents / Appellants / Plaintiffs

PRAYER: The Civil Miscellaneous Appeal is filed under Order 43 Rule 1 of C.P.C., against the order of the appellate Court in A.S.No.20 of 2018 before the learned Additional District and Sessions Court, Sivagangai, dated 29.10.2020 and to restore the decree and judgment of the Subordinate Court, Devakottai in O.S.No.unnumbered of 2018, dated 09.02.2018.

J U D G M E N T

Though this appeal has been filed challenging the order passed by the first appellate Court remanding the matter to the trial Court, now it is stated by the learned counsel appearing for the respondents 2, 3, 5 to 7 that after the remand, the suit has been decreed by the trial Court. This fact is not disputed by the learned counsel appearing for the appellant. However, it is stated that it is only an ex-parte decree. Whatever it may be, whether it https://www.mhc.tn.gov.in/judis is ex-parte or contested decree, once the trial Court has already

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C.M.A.(MD).No.353 of 2021

decreed the suit, now nothing survives in this appeal. Hence, the Civil Miscellaneous Appeal is disposed of. No costs. Consequently, the connected Miscellaneous Petition is closed.

Sd/-

Assistant Registrar(CS II)

// True Copy //

/07/2023 Sub Assistant Registrar(CS)

akv

To

1.The Judge, Additional District and Sessions Court, Sivagangai.

The Subordinate Judge,

Devakottai.

+1 CC to M/s.S.MADHAVAN, Advocate ( SR-26987[F] dated 08/06/2023 )

+1 CC to M/s.R.SUNDAR SRINIVASAN, Advocate ( SR-27039[F] dated 09/06/2023 )

C.M.A.(MD).No.353 of 2021 07.06.2023

MK/08.07.2023 2P 5C

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

2/2

CNR

HCMD010240822021

Topic

Contract and Commercial Disputes

Bench

N. Sathish Kumar

Disposal

DISPOSED OF

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