← Library
Madras High CourtCMA/433/2016dismissed as infructuous

V.Shanmuganathan v. G.Seenakesavan

2020-08-19Honourable Dr Justice G. Jayachandran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.08.2020

CORAM

THE HON'BLE DR.JUSTICE G.JAYACHANDRAN Civil Miscellaneous Appeal No.433 of 2016 and C.M.P.No.3228 of 2016 V.Shanmuganathan, S/o.Valaiyanathan, No.G-2, Amboini Apartments, No.17, Pose Road 2nd Street, Teynampet, Chennai - 600 018.

...

Appellant vs G.Seenakesavan, S/o.Gurusamy, Cellappa Colony, Vettampadi, Namakkal Taluk and District.

...

Respondent Prayer:- Civil Miscellaneous Appeal is filed under Order 41 Rule 1 of C.P.C., to setaside the fair and decreetal order dated 14.09.2015, in I.A.No.669 of 2015 in M.C.O.P.No.1311 of 2013, on the file of the Motor Accident Claims Tribunal, Additional District Court, Namakkal.

For Appellant : Mr.M.Deivanandam For Respondent : NA

JUDGMENT

(The case has been heard through video conference) This appeal is preferred against the dismissal of an interlocutory application in I.A.No.669 of 2015 in M.C.O.P.No.1311 of 2013, dated 14.09.2015, on the file of the Motor Accident Claims Tribunal, Additional District Court, Namakkal, filed under Order 9 Rule 7 to setaside the exparte order passed against the appellant herein.

2. The Tribunal dismissed the application and proceeded to pass award. Even before this appeal was taken up for admission, the Tribunal has passed the award on 23.02.2016. Therefore, the Page numbers https://hcservices.ecourts.gov.in/hcservices/

order passed in interlocutory application has got merged with the final order passed in the award. Hence, nothing survives for further adjudication in this civil miscellaneous appeal filed against the dismissal of interlocutory application.

3. Therefore, this civil miscellaneous appeal is dismissed as infructuous. No order as to costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar gsk To 1.The Additional District Judge, Motor Accident Claims Tribunal, Namakkal.

C.M.A.No.433 of 2016 and C.M.P.No.3228 of 2016 SSV(CO) CB(15/10/2020) Page numbers https://hcservices.ecourts.gov.in/hcservices/