Madras High CourtCMP(MD)/1511/2020dismissed as infructuous

V. Yesudhas v. N. Thankayyan

2020-03-19Honourable Mrs Justice R. Tharani2 pages

CMP(MD) No.1511 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Nineteenth day of March Two Thousand Twenty PRESENT The Hon`ble Mrs.Justice R.THARANI CMP(MD) No.1511 of 2020 IN SA(MD) No.331 of 2018 V.YESUDHAS ... PETITIONER/ APPELLANT Vs 1 N.THANKAYYAN 2 EDWIN SHAJI 3 AMBIRAJAN 4 SHOBI 5 MINOR ASWIN SHAJI 6 THANGARAJ ... RESPONDENTS/RESPONDENTS/DEFENDANTS (MINOR 5th RESPONDENT REPRESENTED BY HIS MOTHER/NATURAL GUARDIAN, THE 4th RESPONDENT HEREIN) Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to order substituted service through daily newspaper for the 1st respondent in the above Second Appeal in S.A.(MD) No. 331 of 2018 .

Prayer in SA(MD). 331/ 2018 :

To set aside the judgment and decree dated 06.09.2017 passed in A.S.No.105 of 2015 on the file of Sub-Judge, Kuzhithurai confirming the judgment and decree dated 08.06.2015 passed in O.S.No.218 of 2008 on the file of 1st Additional District Munsif, Kuzhithurai. ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.M.P.SENTHIL, Advocate for the petitioner, the court made the following order:- https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMP(MD) No.1511 of 2020 This Civil Miscellaneous Petition has been filed to substitute service through daily newspaper for the first respondent in the above Second Appeal in S.A.(MD)No.331 of 2018. 2.It is seen that already vakalat was filed on behalf of the first respondent and hence, the prayer sought for the petitioner has become infructuous. Accordingly, this Civil Miscellaneous Petition is dismissed as infructuous.

sd/- 19/03/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE SUB-JUDGE, KUZHITHURAI.

2 THE 1st ADDITIONAL DISTRICT MUNSIF, KUZHITHURAI.

ORDER

IN CMP(MD) No.1511 of 2020 IN SA(MD) No.331 of 2018 Date :19/03/2020 dss JM/PN/SAR 3/11.05.2020/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2