Kadar Meera Rowther @ Karim v. Chinna Meera

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.12.2017 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN C.M.A.(MD)No.1143 of 2016 and C.M.P.(MD).No.10310 of 2016 Kadar Mera Rowther @ Karim ... Appellant Vs.

1.Chinna Meera 2.Abdul Shamad 3.Abdul Salam 4.Mohammed Paathu 5.Sakar Banu 6.Amanullah 7.Mohammed Abdullah 8.Syed Meera 9.Jamal Mohammed ... Respondents Prayer: Appeal filed under XLIII Rule 1(u) of Civil Procedure Code, to set aside the remand order in A.S.No.5 of 2014 on the file of the learned District Judge, Sivagangai on 31.03.2015. For Appellant : Mr.V.A.Dhana Aravindha Balaji For Dhana Law Associates For Respondents : Mr.V.R.Venkatesan

JUDGMENT

Heard the learned counsel on either side.

2.This is an appeal questioning the order of remand made by the first appellate court.

3.The learned counsel appearing for the appellant would submit that the order of remand ought not to have been made in this case. 4.The learned counsel appearing for the respondents pointed out that the order of remand was made as early as on 31.03.2015 and that even though the appeal was filed in the year 2016, no interim order was granted. The trial court is presently seized of the matter. Against some order passed by the trial Court, the https://hcservices.ecourts.gov.in/hcservices/

parties had filed a Civil Revision Petition. It is also submitted that in C.R.P.No.81 of 2017, a direction has been issued to the Trial Court to conclude the trial proceedings. When already a direction has been issued for concluding the trial proceedings, I am of the view that nothing survives for further adjudication in this Civil Miscellaneous Appeal.

5.This Civil Miscellaneous Appeal stands dismissed. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar To 1.The District Judge, Sivagangai.

2. The Subordinate Judge, Sivagangai.

3.The Record Keeper, Vernacular Section,(2 COPIES) Madurai Bench of Madras High Court, Madurai.

+1CC TO M/S.Dhana Law Associates, Advocate, Sr No.93780 +1CC TO Mr.V.R.Venkatesan, Advocate, Sr No.93864 C.M.A.(MD)No.1143 of 2016 19.12.2017 tsg MS/SV-MMS/SAR-4/05.06.2018/2P.7C https://hcservices.ecourts.gov.in/hcservices/