K. Naveenkumar @ K. Naveen v. Vijay M Jain, S/o. K. Lakshminarasimhalu
2025-01-07
P.DHANABAL, S.S.SUNDAR
body2025
DigiLaw.ai
JUDGMENT : (S.S. Sundar J.) Challenging the common decreetal order passed by the learned Single Judge in Applications in A.Nos.266,500, 487, 516, 506, 521, 496, 483, 468,481,514,518,502,473,471,556,554,449, 467, 477, 464, 458, 460, 475,445,268,272,548,270,274,462, 403, 485, 491, 489, 512, 558 and 504 of 2023 and O.A.No. 583 of 2022 in C.S.No. 185 of 2022 , dated 09.08.2023 the present Appeals are filed. 2. Heard the learned counsel appearing for the appellant and the learned senior counsel appearing for the respondents and perused the materials available on record. 3. Learned counsel for the appellant has filed separate memos dated 18.12.2024 for all the appeals, with a prayer to withdraw these appeals, seeking liberty to move appropriate applications under Section 10 of the CPC for stay in the suits filed by respondents 1 to 55 herein, pending before the City Civil Court, Chennai. 4. Learned senior counsel appearing for the respondents has made serious objections and contended that the said applications itself are not maintainable, having regard to the independent cause of action based on which each suit has been filed against the appellant for recovery of money. 5. For the present, we need not delve into the merits of the applications that may be filed by the appellants in the suit for staying of the suit. 6. Without expressing any opinion on the merits of such applications to be filed by the appellants and without prejudice to rights of the respondents to raise their contentions as to the maintainability of such applications, the appeals are permitted to be withdrawn. 7. As indicated above and recording the memos dated 18.12.2024 filed by the appellant, these appeals are dismissed as withdrawn . No costs. Consequently, connected Miscellaneous are closed. However, liberty is granted to the appellant to file applications under Section 10 of CPC in the independent suits before the trial Court, without prejudice to the contentions and legal submissions that may be raised by the plaintiffs in the respective suits. 8. Trial Court is directed to decide said applications to be filed by the appellant on merits, after hearing the respective plaintiffs. The original side suit in C.S.No. 185 of 2022 may be disposed of as expeditiously as possible, preferably within a period of six months from the date of receipt of a copy of this order.