Madras High Court
M/S. Indiabulls Housing Finance ... vs Mrs. Uma Maheswari on 31 March, 2015
Author: M. M. Sundresh
Bench: Sanjay Kishan Kaul, M.M. Sundresh
In the High Court of Judicature at Madras Dated: 31.03.2015 Coram: The Honourable Mr. SANJAY KISHAN KAUL, Chief Justice and The Honourable Mr. Justice M.M. SUNDRESH O.S.A. No.223 of 2014 M/s. Indiabulls Housing Finance Limited rep. by its Authorised Officer Mr.R.Inbasekaran, having Office at No.20, Apex Chamber 1st Floor, Theyagaraya Road T. Nagar, Chennai 600 017. .. Appellant vs. Mrs. Uma Maheswari .. Respondent --- Prayer: Original Side Appeal filed under Order XXXVI, Rule 9 of Original Side Rules read with Clause 15 of the Letters Patent, to set aside the order and decree dated 30.06.2014 passed by the learned Single Judge, in A. No. 5409 of 2013 in C.S. No. 712 of 2013 on the file of this Court. --- For Appellant : Mr. J. Sivanandaraaj For Respondent : Mr. N. Anand Venkatesh --- J U D G M E N T
(Delivered by The Hon'ble The Chief Justice) Learned counsel appearing for the appellant states that he has obtained instructions from the appellant to withdraw Application No. 5409 of 2013 in Civil Suit No.712 of 2013 under Order 7 Rule 11 of the Code of Civil Procedure, 1908, itself, which has given rise to the impugned order dated 30.06.2014, as the proper course of action for the fourth defendant (appellant herein) would be to let the pleadings be completed and thereafter, seek adjudication on certain issues as preliminary issues.
2. There is no objection to the aforesaid course of action by the respondent.
3. The appeal is, thus, disposed of as infructuous, as the application in which the impugned order was passed itself stands withdrawn, with liberty to the appellant to plead for trying any of the issues as preliminary issues in accordance with law. No costs.
Index : yes/no [S.K.K., CJ] [M.M.S., J.]
Internet: yes/no 31st March, 2015.
THE HON'BLE THE CHIEF JUSTICE
and
M. M. SUNDRESH,J.
ATR
O.S.A. No.223 of 2014
31.03.2015