Madras High Court

CMA(MD)/573/2024 of V.Subbaiah Vs K.Gobi on 3 November 2026

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CMA(MD) No. 573 of 2024

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 03-11-2026

CORAM

THE HON'BLE DR.JUSTICE P.MURUGAN

CMA(MD) No. 573 of 2024

and

CMP(MD)No.7299 of 2024

CNR:{HCMD010472902024}

V.Subbaiah

S/o.Velu,

No.2/183, 2nd Main Road,

Gomathipuram,

Madurai - 625 020.

..Appellant

Vs

1. K.Gobi

S/o.Ganesan,

No.185 / 101, Odai Street,

Post Office,Theni Taluk,

Theni District.

2. V.Jeyaraj

S/o.Villappan,

No.E 205, Santhanam Road,

T.V.S.Nagar,

Madurai - 625 003.

3. The Sub Registrar

Y.Othakadai Sub Registrar Office.

Rajakambiram,

Madurai.

..Respondent(s)

PRAYER: Civil Miscellaneous Appeal filed under Order 43 RULE 1(R)

OF Civil Procedure Code, to set aside the order and decreetal order made in I.A.No.762 of 2023 in O.S.No.581 of 2022 dated 13-03-2024 on the file of the Vth Additional District and Sessions Court, Madurai.

__________

( Uploaded on: 05/11/2026 02:08:28 pm )

CMA(MD) No. 573 of 2024

For Appellant(s)

:Mr.S. Premkumar

For Respondent(s)

:Ms.M.D.Devi Saravana Priya

for R.3

No Appearance for R.2

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JUDGMENT

Today, when the matter was taken up for hearing, the learned counsel for the appellant submitted that the appellant filed a suit before the Trial Court for recovery of money. Pending the suit, an interim application was filed under Order 39 Rule 1 and 2 seeking a direction not to alienate the property. The said I.A was dismissed, against which the present appeal has been filed.

2. Pending the appeal, both parties to the suit entered into compromise and the suit was dismissed as settled out of Court on 09.08.2024. Copy of the judgement has been placed on record.

3. Recording the same, this Civil Miscellaneous Appeal is disposed of as infructuous. No costs. Consequently, connected miscellaneous petition is closed. 03-11-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No MGA __________

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CMA(MD) No. 573 of 2024 Copy To :

1. The Section Officer ( VR Section ) Madurai Bench of Madras High Court

2. The Fifth Additional District and Sessions Court, Madurai. __________

( Uploaded on: 05/11/2026 02:08:28 pm )

CMA(MD) No. 573 of 2024 DR.P.MURUGAN, J. MGA CMA(MD) No. 573 of 2024 03-11-2026 __________

( Uploaded on: 05/11/2026 02:08:28 pm )

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