K.C.Pedda Muni Reddy v. Raja Reddy

IN THE HIGH COURT OF JUDICATURE AT MADRAS

THURSDAY, THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN CMA No. 1165 of 2021 K.C. Pedda Muni Reddy @ K.C.Muni Reddy (since Deceased)

1. M.Ravindra Reddy

2. M.Harisha

3. M.Suresh ... Appellants/Respondents/Plaintiffs Vs 1.Raja Reddy ...3rd Defendant/Appellant/1st Respondent Thimma Reddy (died) ...5th Respondent in A.S

2. Chenna Reddy

3. Jayarama Reddy

4. Thimmakka5. Chennamma

6. Pillamma

7. Gowramma

8. Savithriamma

9. Srinivasa Reddy

10. Narayanamma

11. Rashmi

12. Shilpa ... Defendants 2, 4 to 13/Respondents 6- 16/Respondents 2 to 12 (The respondents 6 to 8 have remained Exparte before the Lower Court and hence notice to them may be dispensed with)

Prayer:Civil Miscellaneous Appeal filed under Section 43 Rule 1(U) of the Code of CPC against the award and Decree dated 11/01/2021 made in A.S.No.8 of 2015 on the file of Additional Sub Court, Hosur, setting aside the Judgement and decree dated 23/12/2014 in OS No.95 of 2004 on the file of the District Munsif Court, Hosur.

DECREE:This Civil Miscellaneous Appeal coming on for hearing as to admission on this day, upon perusing the grounds of Appeal, the award of the Tribunal below and the material papers in this case and upon hearing the arguments of Mr.D.Sivakumaran, Advocate for the Appellant and of Mr.T.Sezhian for M/s.R.Meenal, Advocate for the Respondents this Court doth order and decree as follows;

i)That the Judgment and decree dated 11/01/2021 made in A.S.No.8 of 2015 on the file of Additional Sub Court, Hosur setting aside the Judgment and decree dated 23/12/2014 in O.S.No.95 of 2004 and remanding the matter with a permission to the parties to lead evidence on the file of the District Munsif Court, Hosur be and hereby are confirmed and this Civil Miscellaneous Appeal do stand dismissed;

ii)That the District Munsif Court, Hosur be and hereby shall ensure that the Suits are disposed of within a period of six months from the date of receipt of the order and receipt of the records from the Registry of this Court;

iii)That there be no costs in this Civil Miscellaneous Appeal;

SD/- ASSISTANT REGISTRAR // TRUE COPY // SUB ASSISTANT REGISTRAR vsg To

1. The Additional Sub Court, Hosur.

2. The District Munsif Court, Hosur.

3. The Section Officer, VR Section, Madras High Court, Chennai.

+1cc to M/s.R.Meenal, Advocate Sr.1288 +1cc to Mr.D.Shivakumaran, Advocate Sr.1324 Dated:06/01/2022 DECREE CMA No. 1165 of 2021 Dismissing the Civil Miscellaneous Appeal preferred against the Judgment and Decree dated 11/01/2021 made in A.S.No.8/2015 on the file of the Additional Sub Court, Hosur setting aside the Judgment and decree dated 23/12/2014 in O.S.No.95/2004 on the file of District Munsif Court, Hosur etc., as stated therein.

spd[co] srg 16/03/2022