Indian Overseas Bank v. M/S.Hotel Sri Through Its Proprietor

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.02.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR AND THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD)No.1256 of 2024 Indian Overseas Bank, Represented by its Chief Manager/Authorised Officer, Regional Office, Eighty Feet Road, Arignar Anna Nagar, Maudrai District-625 020.

... Petitioner -Vs1.M/s.Hotel Sri through its proprietor, A.Marimuthu, Plots 3,4,5, S.S.Nagar, Dindigul-Palani Road, Reddiarchathiram, Kotapuli Village, Dindigul Taluk and District.

2.A.Marimuthu 3.A.Senthil Kumar Arunachalam

...Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the Chief Judicial Magistrate, Dindigul to ensure the implementation of the order passed in Cr.M.P.No.4341 of 2021 dated 26.09.2022 by effecting delivery of physical possession of the property through the Court appointed officer/Advocate Commissioner to the petitioner bank.

For Petitioner : Mr.N.Dilipkumar For Respondents : No Appearance

ORDER

[Order of the Court was made by D.KRISHNAKUMAR, J.] The learned counsel for the petitioner submits that the possession of the subject property has been taken by the petitioner rendering this writ petition infructuous.

2.Recording the same, this writ petition is dismissed as infructuous. No costs.

[D.K.K., J.] & [R.V., J.] 22.02.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No ta

D.KRISHNAKUMAR, J.

AND R.VIJAYAKUMAR , J.

ta W.P.(MD)No.1256 of 2024 22.02.2024