Madras High CourtCMA(MD)/341/2010dismissed as infructuous

G.Igneshiyes v. The State Of Tamilnadu

2022-06-13Honourable Mrs Justice R. Tharani2 pages

C.M.A(MD)No.341 of 2010 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 13.06.2022

CORAM

THE HONOURABLE MRS.JUSTICE R.THARANI C.M.A(MD)No.341 of 2010 and M.P.(MD)No.1 of 2010 G.Igneshiyes ... Appellant/Plaintiff Vs 1.The State of Tamilnadu Represented by it District Collector, Karur.

2.The Thasildhar Kulithalai, Karur District.

3.The Commissioner Panchayat Union, Kulithalai.

4.The President Rajenthiram Village panchayath, Rajenthiram, Kulithalai.

... Respondents/Respondents PRAYER :- This Civil Miscellaneous Appeal is filed under Order 43 Rule 1 (U) and Section 104 of Code of Civil Procedure against the judgment and decree in A.S.No.2 of 2007 dated 28.02.2007 remanding the judgment and decree in O.S.No.66 of 2000 on the file of District Munsif Court, Kulithalai dated 17.03.2006.

For Appellant : M/s.K.Govindarajan For R1 and R2 : Mr.M.Ramesh Government Advocate For R3 : Mr.M.Rajarajan

JUDGMENT

When the matter was taken up for hearing, the learned counsel for the appellant is not ready for arguments. Already a report was called for from the trial Court. The Trial Court has submitted a report wherein it is stated that the case was dismissed for default on 01.07.2005 and the same was restored on 22.11.2005. After trial, https://hcservices.ecourts.gov.in/hcservices/ 1/2

C.M.A(MD)No.341 of 2010 the suit was partly decreed on 17.03.2006 and an appeal in A.S.No.2 of 2007 was filed. On 28.02.2007, the appeal was remanded to the trial Court and the case was again dismissed for default on 18.06.2008 and was restored on 03.12.2008. Once again the case was dismissed for default on 27.07.2010.

2.Since the original suit was already dismissed, this Civil Miscellaneous Appeal is dismissed as infructuous. Consequently, connected miscellaneous petition is also dismissed. No costs. Sd/- Assistant Registrar(CS-II) // True Copy // /06/2022 Sub Assistant Registrar(CS) pnn To 1.The District Munsif Court, Kulithalai.

2.The District Collector, Karur.

3.The Thasildhar, Kulithalai, Karur District. Copy to The Record Keeper, Vernacular Records(2 copies) Madurai Bench of Madras High Court, Madurai. C.M.A(MD)No.341 of 2010 and M.P.(MD)No.1 of 2010 13.06.2022 kg(CO) TR(24.06.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2