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Madras High CourtCMA(MD)/1353/2009dismissed as infructuous

K.O.R.Kamalakkannan v. K.O.Ramasamy

2022-09-09Honourable Mr Justice A.A.Nakkiran5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.09.2022

CORAM:

THE HONOURABLE MR.JUSTICE A.A. NAKKIRAN C.M.A.(MD)No.1353 of 2009 and MP(MD).No.2 of 2009 K.O.R. Kamalakkannan ... Appellant/ plaintiff Vs.

1.K.O.Ramasamy 2.K.O.R. Senthamaraikannan 3.K.O.R.Elankannan 4.The Branch Manager, Indian Bank, Paramakudi Branch, Paramakudi, Ramanathapuram District.

... Respondents PRAYER: Civil Miscellaneous Appeal filed under Order 43 Rule 1 ® of CPC, against the fair and decreetal order dated 11.12.2009 made in I.A.No.70 of 2009 in O.S.No.17 of 2009 on the file of the Principal District Judge, Ramanathapuram.

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For Appellant : Mr. P.Thiagarajan For Respondent No.1 : Dismissed Vide Court order dated. 29.11.2017 For respondents 2 to 4 : No appearance

JUDGMENT

This Civil Miscellaneous Appeal has been filed by the appellant against the fair and decreetal order, dated 11.12.2009 made in I.A.No.70 of 2009 in O.S.No.17 of 2009 on the file of the Principal District Judge, Ramanathapuram.

2. Today, when the matter was taken up for hearing, the learned counsel appearing for the appellant submitted that the suit itself has been disposed of on 16.11.2016 and hence, nothing survives for adjudication in this Civil Miscellaneous Appeal.

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3. In view of the said submission, this Civil Miscellaneous Appeal is dismissed as infructuous. No costs. Consequently, the connected Miscellaneous Petition is closed.

09.09.2022 Index :Yes/No Internet :Yes/No trp 3/5

To

1. The the Principal District Judge, Ramanathapuram. 2.The Record Keeper, V.R.Section, Madurai Bench of Madras High Court, Madurai.

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A.A. NAKKIRAN, J., trp C.M.A.(MD)No.1353 of 2009 and MP(MD).No.2 of 2009 09.09.2022 5/5