Original Side Appeal filed to set aside an impugned order was disposed of as nothing survived for adjudication since the preliminary decree in the underlying suit had been set aside and the suit was at the stage of framing issues.
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O.S.A.No.259 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.01.2023
CORAM
THE HON'BLE MR.JUSTICE R.MAHADEVAN and THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD
O.S.A.No.259 of 2021
and
C.M.P.Nos.12221 & 12223 of 2021
1.S.Manivasagam
2.S.Asokan
3.Shanmugam ...Appellants
Vs
5.Minor K.Sabarivasan rep.by his mother & natural guardian 1st respondent
6.Mrs.Rakkammal
8.S.Pandian @ Sekar Pandian
9.Sugumar
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O.S.A.No.259 of 2021
10.Vinod kumar
... Respondents
PRAYER: Original Side Appeal filed under Order XXXVI Rule 9 of Original Side Rules read with Clause 15 of Letters Patent to set aside the Order dated 16.12.2020 passed in Application No.703 of 2019 in C.S.No.576 of 2011 on the file of the Original Side of this Court.
For Appellants : Mr.V.Venkatasamy
For Respondents : Mr.M.Balasubramanian for R1 to R5.
Mr.R.Srinivasalu for R6.
Mr.P.B.Suresh Babu for R8
No appearance for R7 & R10.
J U D G M E N T
[Judgment of the Court was made by R.MAHADEVAN,J,]
This Original Side Appeal has been filed to set aside the Order dated 16.12.2020 passed in Application No.703 of 2019 in C.S.No.576 of 2011 on
the file of this Court.
learned counsel for the appellant fairly submitted that since the preliminary
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O.S.A.No.259 of 2021
decree passed in the Suit in C.S.No.576 of 2011 was set aside and the Suit is
now at the stage of framing issues, nothing survives for further adjudication in
this appeal and he has also made an endorsement to that effect.
learned counsel for the appellant, this Original Side Appeal is disposed of.
No costs. Consequently, connected Miscellaneous Petitions are closed.
ay
Index:Yes / No
Speaking Order / Non-speaking Order
Neutral Citation: Yes / No
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O.S.A.No.259 of 2021
R.MAHADEVAN,J. and J.SATHYA NARAYANA PRASAD,J.
ay
O.S.A.No.259 of 2021 and C.M.P.Nos.12221 & 12223 of 2021
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O.S.A.No.259 of 2021
Dated:03.01.2023
Page 5 of 5
2 provisions across 2 enactments
S. Manivasagam
S. Asokan
S. Shanmugam
Smt. K. Thilagavathi
K. Yuva Bharathi
K. Nava Bharathi
R. MAHADEVAN
J. SATHYA NARAYANA PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
