Back
2026 Supreme(Online)(Mad) 19005
IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.KUMARESH BABU, J
Hema Kumar – Appellant
Versus
Mr.Suresh Sanjay – Respondent
C.M.P.No.823 of 2022
For the Appellants/Petitioners: Mr.P.Paramasiva Doss
The court determines that a filed appeal may be closed when the underlying suit has been decreed, highlighting judicial efficiency.
Headnote:The Civil Miscellaneous Appeal, filed under Order XLIII Rule 1 of C.P.C., seeks to set aside the fair and decreetal order in I.A.No.2 of 2021 dated 25.11.2021 which had been passed in O.S.No.4437/2021, previously decreed. The appellants’ counsel submitted that no further orders were necessary as the suit was already decreed. Consequently, the Court closed the appeal without costs and also closed the connected miscellaneous petition.
| Table of Content |
|---|
| 1. basis for filing the appeal. (Para 1) |
| 2. counsel submission leads to closure. (Para 2) |
| 3. final order to close proceedings. (Para 3) |
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 04-03-2026 CORAM THE HON'BLE MR.JUSTICE K.KUMARESH BABU and C.M.P.No.823 of 2022
1. Hema Kumar
2. R.Smitham ..Appellant(s)
Vs Mr.Suresh Sanjay ..Respondent(s)
Prayer: Civil Miscellaneous Appeal filed under Order XLIII Rule 1 of C.P.C., praying to set aside the fair and decreetal order passed in I.A.No.2 of 2021 dated 25.11.2021 as illegal and to allow the IA No. 2 of 2021 in O.S.No.4437/2021.
For Appellant(s): Mr.P.Paramasiva Doss
JUDGMENT
This Civil Miscellaneous Appeal has been filed to set aside the fair and decreetal order passed in I.A.No.2 of 2021 dated 25.11.2021 as illegal and to allow the IA No. 2 of 2021 in O.S.No.4437/2021.
2. When the matter is taken up for hearing, the learned counsel for the appellants would submit that the suit in O.S.No.4437 of 2021 had already been decreed. Hence, no further orders are required to be made in this appeal.
3. Recording the submission made by the learned counsel appearing for the appellants, this Civil Miscellaneous Appeal stands closed. No costs.
Consequently, connected miscellaneous petition is also closed.
