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Madras High CourtAS(MD)/245/2015dismissed as infructuous

G.Natarajan, v. G.Jeyaraman,

2023-12-13Honourable Mrs Justice L.Victoria Gowri4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 13.12.2023

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI A.S.(MD)No.245 of 2015 and M.P.(MD)No.1 of 2015 G.Natarajan ... Appellant Vs.

1.Jeyaraman 2.Thayammal 3.Lakshmi 4.Vasantha 5.Iyammal 6.Vijaya 7.Santhi ... Respondents (Respondents 1, 3 to 7 already recorded.

Respondents 1, 3 to 7 recorded as legal heirs of deceased. The second respondent as per the order of this Court dated 29.09.2015 made in M.P.(MD)No.2 of 2013 in A.S.(MD)No.SR19591 of 2010 by MDJ.

Memo USR No.4332 of 2015) PRAYER : Appeal Suit filed under Section 96 of Civil Procedure Code, to set aside the judgment and decree dated 30.11.2009 made in O.S.No. 279 of 2004 on the file of the Fast Track Judge No.I, Madurai. 1/4

For Appellant : Mr.S.Palani Velayutham For R1 : Mr.S.Nateshraja For R2 : Died For R3 and R6 : Dismissed For R4, R5 and R7 : No Appearance

JUDGMENT

When the case was called up for hearing today, the learned counsel appearing for the appellant brought to the notice of this Court that the final decree application was numbered as I.A.No.248 of 2011 in O.S.No. 163 of 2011 on the file of the learned III Additional Sub Judge, Madurai and thereafter, the said application was allowed on 31.08.2018 on the file of the learned III Additional Sub Judge, Madurai. 2.In view of the above, this Appeal Suit is dismissed as infructuous. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

13.12.2023 NCC : Yes / No Index : Yes / No Internet : Yes Mrn 2/4

To 1.The III Additional Sub Judge, Madurai.

2.The Additional District and Sessions Judge, Fast Track Court No.I, Madurai.

3.The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai. 3/4

L.VICTORIA GOWRI, J.

Mrn A.S.(MD)No.245 of 2015 13.12.2023 4/4