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Madras High CourtCMA(MD)/1440/2009closed

Pandiarajan v. M.V.Sooriyanarayanan

2024-03-14Honourable Mrs Justice V.Bhavani Subbaroyan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.03.2024

CORAM:

THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN and MP(MD)No.1 of 2009 S.Pandiarajan ... Appellant vs.

1. M.V.Sooriyanarayanan

2. S.Shanthi

3. S.Senthilkumar

4. S.Naveen Prasad

5. Canara Bank Represented by its Branch Manager, S.M.E. Branch, Palanganatham, Madurai-625 003.

... Respondents PRAYER: Appeal filed under Order 43 Rule 1(r) of the Civil Procedure Code, against the judgment and decree dated 16.12.2009 passed by the learned I Additional District Judge, Madurai, in I.A.No.405 of 2009 in O.S.No.182 of 2009.

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For Appellant : No appearance For R2 to R4 : No appearance For R5 : Mr.V.Ramalingam

JUDGMENT

This appeal has been filed against the judgment and decree dated 16.12.2009 passed by the learned I Additional District Judge, Madurai, in I.A.No.405 of 2009 in O.S.No.182 of 2009. 2.

Today, when the appeal was taken up for hearing, learned counsel appearing for the 5th respondent submitted that the suit itself has been dismissed as abated on 06.03.2013 itself and therefore, nothing survives in this appeal for adjudication.

3.

Recording the said submission, this Civil Miscellaneous Appeal is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

Index :Yes / No 14.03.2024 :Yes / No bala 2/4

To

1. The I Additional District Judge, Madurai.

2.V.R.Section, Madurai Bench of Madras High Court, Madurai.

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V.BHAVANI SUBBAROYAN, J.

bala JUDGMENT MADE IN DATED : 14.03.2024 4/4