Madras High CourtCMA/50/2018disposed of

V.Santhi v. K.Anandbabu

2018-06-26Honourable Mr Justice N. Seshasayee2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.06.2018

CORAM:

THE HONOURABLE MR.JUSTICE N.SESHASAYEE C.M.A.Nos.50 to 52 of 2018 and C.M.P.No.682 to 684 of 2018 V.Santhi .. Appellant in all C.M.As./Respondent/Defendant Vs.

K.Anandbabu .. Respondent in C.M.A.No.50 of 2018 /Respondent/Plaintiff Mrs.Ramamani .. Respondent in C.M.A.No.51 of 2018 /Respondent/Plaintiff Dr.B.M.Sundararajulu .. Respondent in C.M.A.No.52 of 2018 /Respondent/Plaintiff COMMON PRAYER : Civil Miscellaneous Appeals filed under Order 43 Rule 1(r) of C.P.C., against the Order dated 29.11.2017 in I.A.Nos.436, 438 and 440 of 2017 in O.S.Nos.227, 228 and 229 of 2017 on the file of the Sub-Court, Hosur.

For Appellant in all the cases : Mr.K.Chandrasekaran For Respondents in all the cases : Ms.C.Jayachithra COMMON JUDGMENT The learned counsel for the respondents brought to the notice of this Court that these appeals have been wrongly presented before this Court and they ought to have filed before the District Court, Krishnagiri. The learned counsel for the appellant fairly conceded his bonafide mistakes.

2. Since the appellant is litigating before the wrong forum, same cannot be entertained. The Registry is directed to return the appeal papers to the appellant latest by 04.07.2018. The appellant is directed to present the appeal papers within two https://hcservices.ecourts.gov.in/hcservices/

weeks from the date of receipt of the appeal papers from the Registry, at any event not later than 18.07.2018. The parties are directed to appear before the District Court, Krishnagiri on 18.07.2018.

3. Upon presentation of the appeal papers before the District Court, Krishnagiri and taking it on its file, the District Court, Krishnagiri, is directed to dispose of the matter within two months thereafter.

4. With the above direction, all the three Civil Miscellaneous Appeals are disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To:

1.The District Judge, Krishnagiri,

2. The Sub-Court, Hosur.

3. The Section Officer, E.R.Section, High Court, Madras.

+3cc to Mr.K.Chandrasekaran, Advocate sr.no.40288 +1cc to Mr.M.Loganathan, Advocate sr.no.40765 C.M.A.Nos.50 to 52 of 2018 and C.M.P.No.682 to 684 of 2018 nr 28/06/2018 https://hcservices.ecourts.gov.in/hcservices/