The Madurai Bench allowed the appellant's submission that the appeal is infructuous as the suit was decreed. The court dismissed the civil miscellaneous appeal as such and closed the connected miscellaneous petition.
Civil Miscellaneous Appeal dismissed as infructuous; connected Miscellaneous Petition closed. No order as to costs.
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.
C.M.A.(MD).No.1640 of 2013
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 13.03.2024
CORAM:
THE HONOURABLE MR.JUSTICE P.DHANABAL
C.M.A.(MD)No.1640 of 2013 and M.P(MD) No.1 of 2013
C.Ramachandran
... Appellant/Petitioner/Plaintiff
-vs-
G.Punitha Kumar @ G.Kamalam Punitha Kumar
... Respondent/Respondent/ Defendant
PRAYER: Civil Miscellaneous Appeal filed under Order 43 Rule 1 of the Civil Procedure Code, against the Ex and Fair order of I.A.No.80 of 2012 in O.S.No.42 of 2012 on the file of the III Additional District Court, Pattukottai, dated 19.06.2013.
For Appellant : Mr.K.Guhan For Respondent : Mr.C.Padmaraj
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C.M.A.(MD).No.1640 of 2013
J U D G M E N T
When the matter is taken up for hearing today, the learned counsel appearing for the appellant represented that this Civil Miscellaneous Appeal is arising out of I.A.No.80 of 2012 in O.S.No.42 of 2012 on the file of the III Additional District Court, Pattukottai and the suit itself is decreed. Hence, nothing survives for further adjudication in this appeal.
2. In view of the above said submission made by the learned counsel for the appellant, this Civil Miscellaneous Appeal is dismissed as infructuous. There shall be no order as to costs. Consequently, connected Miscellaneous Petition stands closed.
13.03.2024
NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi
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C.M.A.(MD).No.1640 of 2013
To
1. The III Additional District Court, Pattukottai.
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C.M.A.(MD).No.1640 of 2013
P.DHANABAL,J.
ebsi
C.M.A.(MD)No. 1640 of 2013
13.03.2024
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1 issue framed by the court
Whether the civil miscellaneous appeal survives for further adjudication given that the underlying suit has been decreed.
1 provisions across 1 enactments
C. Ramachandran
G. Punitha Kumar @ G. Kamalam Punitha Kumar
P. Dhanabal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
