In a civil miscellaneous appeal concerning an execution petition dismissed as withdrawn, the single-judge High Court bench dismissed the appeal as infructuous upon counsel's submission that the underlying petition no longer survived for adjudication.
Civil Miscellaneous Appeal dismissed as infructuous. No costs awarded. Connected miscellaneous petition closed.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.03.2020
CORAM :
The HON'BLE MR.JUSTICE M.DURAISWAMY C.M.A.No.751 of 2007 and M.P.No.4 of 2007
V.Sankaranarayanan ... Appellant
Vs.
1.Indian Bank,
Alwarpet Branch,
Chennai - 18
rep by its Chief Manager
2.M/s.Indo Korea Exports Ltd.,
rep by its Chairman,
having their office at
No.48, 1 st Cross Brindavan,
Pondicherry – 13.
3.S.Viswanathan ... Respondents
Appeal filed under Order 43 Rule 1 of the Code of Civil Procedure against the judgment and decree passed in E.A.No.55 of 2002 in E.P.No.5 of 1999 on the file of the Principal District Court at Pondicherry dated 02.12.2004.
The learned counsel appearing for the appellant submitted that the appellant had withdrawn the Execution Petition in E.P.No.5 of 1999 and therefore, nothing survives for adjudication in the present appeal.
2.Recording the submission made by the learned counsel for the appellant, the Civil Miscellaneous Appeal is dismissed as infructuous. No costs. Consequently, the connected miscellaneous petition is closed.
Sd/-
Assistant Registrar
//True Copy//
Sub Assistant Registrar
va
To
1.The Principal District Court at Pondicherry
+1cc to Mr.Aiyar & Dolia, Advocate, S.R.No.21108
C.M.A.No.751 of 2007
and M.P.No.4 of 2007
RR(CO)
CB(16/07/2020)
V. Sankaranarayanan
Indian Bank, Alwarpet Branch, Chennai
M/s. Indo Korea Exports Ltd.
S. Viswanathan
M. Duraiswamy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
