T.A.Murugan v. S.Sudharssan,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.01.2022

CORAM:

THE HONOURABLE MR.JUSTICE M.GOVINDARAJ S.A.NO.507 OF 2017 AND C.M.P.NO.12201 OF 2017 T.A.Murugan ... Appellant Vs.

1. S.Sudharssan

2. The Executive Engineer, Zone No.115, Chennai Corporation, Dr.Muthulakshmi Salai, Adayar, Chennai - 20.

3. The Member-Secretary, CMDA, Thalamuthu Natarajan Maligai, No.1, Gandhi Irwin Road, Egmore, Chennai - 8.

4. The Commissioner, Corporation of Chennai, Chennai - 3.

... Respondents PRAYER:

The Second Appeal filed under Section 100 of the Civil Procedure Code against the judgment and decree dated 16.12.2014 made in A.S.No.371 of 2013 on the file of the VI Additional Judge, City Civil Court, Chennai, reversing the order and decreetal order dated 21.12.2012 made in I.A.No.5351 of 2012 in O.S.No.8042 of 2009 on the file of the XII Assistant Judge, City Civil Court, Chennai.

For Appellant : Mr.V.B.Thirupathikumar For Respondent Nos.2 and 4 : Ms.Karthika Ashok Standing Counsel For Respondent No.3 : Ms.P.Veena Suresh https://hcservices.ecourts.gov.in/hcservices/

J U D G M E N T

The learned counsel for the appellant submits that nothing survives for adjudication in this matter and therefore, he wants to withdraw the Second Appeal.

2. However, the learned counsel for the first respondent / plaintiff submits that the wife of the appellant has been impleaded as a party to the suit and the suit is still pending and hence, he seeks direction for an early disposal of the same.

3. Considering the submission, a direction is given to the Trial Court to dispose of the suit as expeditiously as possible. The Second Appeal is dismissed as withdrawn. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar asi To

1. The VI Additional Judge, City Civil Court, Chennai.

2. The XII Assistant Judge, City Civil Court, Chennai. +1cc to Mr.V.B.Thirupathikumar, Advocate, S.R.No.5884 +1cc to Ms.P.Veena Suresh, Advocate, S.R.No.5756 +1cc to Ms.Karthika Ashok, Advocate, S.R.No.5515 S.A.No.507 of 2017 and C.M.P.No.12201 of 2017 PMK(CO) PM/11/02/2022 https://hcservices.ecourts.gov.in/hcservices/