Madras High CourtCMA(MD)/1148/2021disposed of

P.Ponnammal, v. P.Selvakumar,

2024-04-24Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 24.04.2024

CORAM

THE HONOURABLE MR.JUSTICE G.ILANGOVAN in C.M.P(MD)No.11062 of 2021 P.Ponnammal ... Appellant / 1st Respondent / 1st Defendant Vs.

1.P.Selvakumar ... 1st respondent / Petitioner / Plaintiff 2.Sangeetharani ... 2nd Respondent / 2nd Respondent / 2nd Defendant PRAYER :- This Civil Miscellaneous Appeal is filed under Section 43 Rule 1(U) of C.P.C., to set aside the fair and decreetal order passed in I.A.No.1 of 2020 in O.S.No.13 of 2020 dated 29.01.2021 on the file of the Principal District Judge, Virudhunagar District at Srivilliputhur by allowing this appeal. For Appellant : Mr.H.Arumugam For R1 : Mr.M.Jothi Basu 1/4

JUDGMENT

This Civil Miscellaneous Appeal is filed under Section 43 Rule 1(U) of C.P.C., to set aside the fair and decreetal order passed in I.A.No.1 of 2020 in O.S.No.13 of 2020 dated 29.01.2021 on the file of the Principal District Judge, Virudhunagar District at Srivilliputhur.

2. A report has been called for from the trial Court and the same was received which states that the trial has commenced and 25 documents have been marked so far. Now it has been posted for defendant side evidence.

3. At the length of time, I find that the appeal may not lie. Let the above said trial process be completed as early as possible, without making any reference to the order passed in this matter.

4. With this direction, this Civil Miscellaneous Appeal is disposed of. No costs. Consequently, connected miscellaneous petition stands closed. 24.04.2024 NCC: Yes / No Index: Yes / No Internet : Yes / No pnn 2/4

To 1.The Principal District Judge, Virudhunagar District at Srivilliputhur. 2.The Record Keeper, Vernacular Records, Madurai Bench of Madras High Court, Madurai. 3/4

G.ILANGOVAN, J.

pnn 24.04.2024 4/4