This order dismisses a filed Appeal Suit for mortgage as infructuous and for non-prosecution. The court noted the sale of the mortgaged property had been effected. No substantive legal question is addressed.
Appeal suit dismissed for non-prosecution; connected miscellaneous petition closed.
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A.S(MD)No.22 of 2012
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 12.03.2021
CORAM:
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA AND THE HONOURABLE MRS.JUSTICE S.KANNAMMAL
A.S(MD)No.22 of 2012 and
M.P(MD)No.1 of 2012
Jebamani Selvakumar
Vs. 1.S.Radha (died) Through her power agent, G.Vinoth Kumar. 2.R.Uma 3.Vinoth Kumar
... Appellant/Defendant
... Respondents
(RR 2 & 3 are brought on record as Lrs of the deceased sole respondent vide order dated 25.07.2017 made in C.M.P(MD)Nos.11381 to 11383 of 2016)
Prayer: Appeal Suit filed under Section 96 of the Code of Civil Procedure, against the Judgment and Decree made in O.S.No.32 of 2011, on the file of the Additional District and Sessions Court, Fast Track Court No.I, Tirunelveli, dated 29.11.2011.
For Appellant : No appearance For RR 2 & 3 : Mr.D.Nallathambi
JUDGMENT
(Judgment of the Court was delivered by PUSHPA SATHYANARAYANA,J.)
The learned counsel appearing for the respondents 2 and 3 would submit that the Appeal Suit is filed against the decree granted in a suit for mortgage. The decree was put in execution and the sale was also effected and it is posted for delivery of possession and therefore, the Appeal Suit has become infructuous.
2.There is no representation for the appellant, consecutively for the third occasion.
3.Though the matter is listed today under the caption 'for https://hcservices.ecourts.gov.in/hcservices/ dismissal', there is no representation for the appellant. Hence, the
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A.S(MD)No.22 of 2012
Appeal Suit is dismissed for non-prosecution. No costs. Consequently, connected Miscellaneous Petition is closed.
Sd/-
Assistant Registrar (W)
// True Copy //
/ /2021 Sub Assistant Registrar(CS)
Note :
In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.
To
1.The Additional District and Sessions Court, Fast Track Court No.I, Tirunelveli.
2.The Record Keeper, (2C) VR Section, Madurai Bench of Madras High Court, Madurai.
A.S(MD)No.22 of 2012 12.03.2021
SSS(CO) KB(23.03.2021) 2P 4C
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Jebamani Selvakumar
G.Vinoth Kumar
R.Uma
Pushpa Sathyanaarayana
S. Kannammal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
