High Court dismissed the writ appeal as infructuous because the underlying suit challenged in the single judge's order was already disposed of by the trial court in 2021.
Writ appeal dismissed as infructuous.
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.
W.A.No.898 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 03.08.2023
CORAM
The Hon'ble Mr.Justice D.Krishnakumar and The Hon'ble Mr.Justice P.B.Balaji
W.A.No.898 of 2018 and
C.M.P.No.7836 of 2018
D.Vijaylakshmi ...Appellant Vs.
Prayer :
Writ Appeal filed under clause 15 of the Letters Patent against the order dated 05.03.2018, passed by the learned Single Judge, W.P.Sr.No.13498 of 2018.
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W.A.No.898 of 2018
For Appellant : Mrs.D.Vijayalakshmi,
Party appeared -in-person
For Respondent-1 : Court
For Respondent -2 &3 : Mr.R.Nandhakumar
Respondents 4 and 5 : No appearance
Judgement
(Order of the Court was made by D.Krishnakumar,J. ,)
When the Appeal is taken up for hearing, Mr.R.Nandhakumar, learned counsel appearing for respondents 2 and 3 has submitted that, the suit filed by the
appellant/writ petitioner has already been disposed of by the Trial Court in the year, 2021 itself, and therefore, nothing survives in this Appeal for adjudication, since the challenge in this Writ Appeal is only to the order passed by the learned Single Judge, dated 05.03.2018, in W.P.Sr.No.13498 of 2018, whereby, the prayer sought for by the writ petitioner seeking to dispose of the suit at the earliest, was not acceeded to and the Writ Petition was dismissed.
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W.A.No.898 of 2018
2. In view of the above submission made by the learned counsel for the
respondents 2 and 3, we dismiss this Writ Appeal as having become infructuous.
No costs. Consequently, connected Civil Miscellaneous Petition is closed.
D.K.K.J., & P.B.B.J.,
03.08.2023
sd
To
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W.A.No.898 of 2018
D.Krishnakumar,J., & P.B.Balaji,J.,
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W.A.No.898 of 2018
03.08.2023
1 issue framed by the court
Whether the writ appeal lies where the underlying suit has already been disposed of by the trial court in the meantime.
D.Vijaylakshmi
The 2nd Additional Sub Court, Coimbatore Combined Court Complex, Coimbatore District, Coimbatore
G.Nagammal
G.Ragu Ragunathan
R.Bhuvaneshwari
B.Sankarmaiti
D.Krishnakumar
P.B.Balaji
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
