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Madras High CourtAS(MD)/63/2014closed

V. Radhakrishnan(Died), v. A.R.Mohanram(Died)

2025-08-04Honourable Mr Justice K.K. Ramakrishnan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 04.08.2025

CORAM:

THE HON'BLE MR.JUSTICE K.K.RAMAKRISHNAN A.S(MD) No.63 of 2014 and CMP(MD)No.1 of 2014 V.Radhakrishnan (Died) 1.R.Geetharani 2.R.Priya 3.R.Bhuaneshwari R.Archana (Died) 4.R.Manikandan 5.Minor R.Suganya (Died) ... Appellants/Defendants (5th Appellant died and appellants 1 to 4 who are already on records, are recorded as LRs of the deceased 5th Appellant vide Court order dated 02.07.2025 made in CMP(MD)No.6122 of 2020 in AS(MD)No.63 of 2014 by KKRKJ) Vs.

A.R.Mohanram (Died) ... Respondent/Plaintiffs 2..M.Subash Alias Subbarayan 3.A.M.Venkataraman ... Respondents 1/4

( Respondents 2 & 3 are brought on record as LRs of the deceased sole respondent vide Court order dated 02.07.2025 made in CMP(MD)Nos. 6117, 6118 and 6120 of 2020 in AS(MD)No.63 of 2014 by KKRKJ) Prayer : This Appeal Suit has been filed under Section 96 of C.P.C., to reverse and set aside the judgment and decree dated 01.10.2012 made in O.S.No.10 of 2006 on the file of II Additional District and Sessions Judge, Thanjavur and dismiss the suit with cost by allowing the appeal. For Appellants : Mr.M.Mohamed Ibram Saibu For Respondents : Mr.T.R.Subramanian

JUDGMENT

This appeal has been filed to set aside the judgment and decree passed by the II Additional District and Sessions Judge, Thanjavur, in O.S.No.10 of 2006 dated 01.10.2012.

2. When the matter came up for hearing the learned counsel for the respondents/plaintiffs would submit that judgment and decree passed by the II Additional District and Sessions Judge, Thanjavur, in O.S.No.10 of 2006 dated 01.10.2012, was executed by bringing auction of the property of the judgment debtor namely, the appellants/defendants. 2/4

3. In view of that, the Appeal Suit stands closed with liberty to the appellants/defendants to file a review petition if any circumstance warrants. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.

04.08.2025 NCC : Yes/No Index : Yes/No Internet: Yes/No dss To:

1. The II Additional District and Sessions Judge, Thanjavur.

2.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

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K.K.RAMAKRISHNAN,J.

dss A.S(MD) No.63 of 2014 and CMP(MD)No.1 of 2014 04.08.2025 4/4