Madras High CourtAS(MD)/22/2012dismissed for nonprosecution

Jebamani Selvakumar v. S.Radha(Died) W/O.S.Sivaraman

2021-03-12Honourable Mrs Justice Pushpa Sathyanarayana,Honourable Mrs Justice S.Kannammal2 pages

A.S(MD)No.22 of 2012 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.03.2021

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA AND THE HONOURABLE MRS.JUSTICE S.KANNAMMAL A.S(MD)No.22 of 2012 and M.P(MD)No.1 of 2012 Jebamani Selvakumar ... Appellant/Defendant Vs.

1.S.Radha (died) Through her power agent, G.Vinoth Kumar.

2.R.Uma 3.Vinoth Kumar ... Respondents (RR 2 & 3 are brought on record as Lrs of the deceased sole respondent vide order dated 25.07.2017 made in C.M.P(MD)Nos.11381 to 11383 of 2016) Prayer: Appeal Suit filed under Section 96 of the Code of Civil Procedure, against the Judgment and Decree made in O.S.No.32 of 2011, on the file of the Additional District and Sessions Court, Fast Track Court No.I, Tirunelveli, dated 29.11.2011. For Appellant : No appearance For RR 2 & 3 : Mr.D.Nallathambi

JUDGMENT

(Judgment of the Court was delivered by PUSHPA SATHYANARAYANA,J.) The learned counsel appearing for the respondents 2 and 3 would submit that the Appeal Suit is filed against the decree granted in a suit for mortgage. The decree was put in execution and the sale was also effected and it is posted for delivery of possession and therefore, the Appeal Suit has become infructuous. 2.There is no representation for the appellant, consecutively for the third occasion.

3.Though the matter is listed today under the caption 'for dismissal', there is no representation for the appellant. Hence, the https://hcservices.ecourts.gov.in/hcservices/ 1/2

A.S(MD)No.22 of 2012 Appeal Suit is dismissed for non-prosecution. No costs.

Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (W) // True Copy // / /2021 Sub Assistant Registrar(CS) Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To 1.The Additional District and Sessions Court, Fast Track Court No.I, Tirunelveli.

2.The Record Keeper, (2C) VR Section, Madurai Bench of Madras High Court, Madurai.

A.S(MD)No.22 of 2012 12.03.2021 SSS(CO) KB(23.03.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2