S.Palanisamy v. P.Sundaram

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 12.10.2017 Coram THE HON'BLE MR. JUSTICE M.DURAISWAMY C.M.A.No.501 of 2015 & M.P.No.1 of 2015 1.S.Palanisamy 2.K.Ramakrishnan ... Appellants v.

1.P.Sundaram 2.Vasatha Kumar ... Respondents (the 2nd Respondent may be dispensed with since he was set exparte before the courts below) Civil Miscellaneous Appeal filed under order 43 Rule 1 of CPC against the judgment and decree dated 21.01.2008 passed in C.M.A.No.42 of 2006 on the file of I Additional District Court, Erode remanding the case by allowing the appeal against the order dated 01.03.2005 passed in E.A.No.155 of 2004 in E.P. No.270 of 2003 in O.S.No.480 of 2000 on the file of I Additional Sub Court, Erode and set aside the same.

For Appellants : Mr.V.Raghavachari For Respondents : Mr.S.Kaithamalai Kumaran - for R1 Mr.M.Guruprasad - for R2

J U D G M E N T

Challenging the judgment and decree passed in C.M.A.No.42 of 2006, on the file of I Additional District Court, Erode, the appellants, who are the third parties to the proceedings, have filed the above Civil Miscellaneous Appeal.

2.The application in E.A.No.155 of 2004 was filed by the appellants under Order XXI, Rule 58 of CPC and the Executing Court had allowed the application on 01.03.2005. Challenging the same, the 1st respondent has field the appeal in C.M.A.No.42 of 2006. The Lower Appellate Court, by judgment and decree dated 21.01.2008, set aside the order passed by the Executing Court and remanded the matter back to the Executing Court for fresh consideration.

Challenging the order passed in https://hcservices.ecourts.gov.in/hcservices/

C.M.A.No.42 of 2006, the appellants have filed the present Civil Miscellaneous Appeal.

3. Now, it is brought to the notice of this court by Mr.S.Kaithamalai Kumaran, learned counsel appearing for the 1st respondent that pursuant to the judgment and decree passed in C.M.A.No.42 of 2006, the Executing Court had taken up the application in E.A.No.155 of 2004 in E.P.No.270 of 203 and dismissed the application by its order dated 24.02.2016. Further, the learned counsel submitted that challenging the same, the appellants have filed the appeal in C.M.A.No.18 of 2016 on the file of II Additional District Court, Erode.

4. In view of the submissions made by the learned counsel appearing for the 1st respondent, I do not find any reason to keep the Civil Miscellaneous Appeal pending for the reason that the judgment and decree passed in C.M.A.No.42 of 2006 was already complied with by the Executing Court. Hence, the Civil Miscellaneous Appeal is dismissed as infructuous. No costs.Consequently, connected miscellaneous petition is closed. Sd/- ASST. REGISTRAR /TRUE COPY/ SUB ASST. REGISTRAR To

1. The I Additional District Court Erode.

2. The I Additional Sub Court Erode.

3.The Section Officer/ Record Keeper VR Section, High Court, Madras.

+1 CC to Mr. V.Raghavachari Advocate SR.NO.73590/17 C.M.A.No.501 of 2015 & M.P.No.1 of 2015 NRJK(CO) VC (01/11/2017) https://hcservices.ecourts.gov.in/hcservices/