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Madras High CourtOSA(CAD)/158/2021disposed of

K.Cowndamani v. R.Premanayakam

2024-03-14Honourable Mr Justice R. Subramanian,Honourable Mr.Justice R.Sakthivel5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Reserved on 15.02.2024 Delivered on

CORAM:

THE HONOURABLE MR JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR JUSTICE R.SAKTHIVEL Original Side Appeal (CAD) Nos.158 & 159 of 2021 and the connected Miscellaneous Petitions OSA No.158/2021

1. K. Cowndamani

2. C.M.Shanthi

3. C.M.Selvi

4. C.M.Sumitra ... Appellants

Versus

R.Premanayakam .... Respondent 1/5

OSA No.159/2021

1. K. Cowndamani

2. C.M.Shanthi

3. C.M.Selvi

4. C.M.Sumitra ... Appellants

Versus

1. M/s. Sri Abhirami Foundations Rep by its Partner, R.Premanayakam

2. R.Premanayakam .... Respondents PRAYER: Original Side Appeals (CAD) filed under Order XXXVI Rule 1 of the Original Side Rules read with Clause 15 of Letters Patent and Section 13(1A) of the Commercial Courts Act, 2015, to set aside the order dated 15.12.2021 passed in (i) A.No.4610 of 2021 in E.P. No.15 of 2021 (ii) A.No.4644 of 2021 in E.P. No.13 of 2021 respectively and dismiss 2/5

Application No.4610 of 2021 in E.P. No.15 of 2021 (ii) A.No.4644 of 2021 in E.P. No.13 of 2021 respectively.

For Appellants : Mr.A.R.Karunakaran (in both the Appeals) For Respondents : Mr.B.Kumar, Senior Counsel (in both the Appeals) for Mr.A.Kalaivanan C O M M O N J U D G M E N T (Judgment of the Court was delivered by R.SUBRAMANIAN, J.) These Appeals are directed against orders passed in Applications in Appl. Nos. 4610 and 4611 of 2021 filed in the course of the Execution Proceedings of the decree.

2. The learned Single Judge had postponed execution for a limited period to enable the appellants to move the Division Bench for disposal of 3/5

the Appeal. However, the period has also now expired and we have also disposed the Appeal in OSA No.115 of 2021 today, hence these appeals have in effect become infructuous, they are therefore dismissed as infructuous. No costs. Consequently the connected miscellaneous petitions are closed.

(R.SUBRAMANIAN, J.) (R.SAKTHIVEL, J.) jv Index : No Internet : Yes Speaking Order To The Section Officer, Original Side, High Court of Madras.

4/5

R.SUBRAMANIAN, J.

and R.SAKTHIVEL, J.

jv Original Side Appeal (CAD) Nos.158 & 159 of 2021 and the connected Miscellaneous Petitions 2/2 5/5