The court determines that a filed appeal may be closed when the underlying suit has been decreed, highlighting judicial efficiency.

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.