This appeal suit filed to set aside a judgment and decree was found infructuous as the suit property had been taken over by the Government. A pending enquiry by the District Collector rendered the matter undecided on merits, leading to the dismissal of the appeal.
The appeal suit is dismissed as infructuous. No costs awarded.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Date : 29.03.2022
CORAM:
THE HONOURABLE TMT. JUSTICE S. KANNAMMAL
A.S.No.895 of 2005
PRAYER: Appeal Suit is filed under Section 96 of the Civil Procedure Code to set aside the Judgment and Decree dated 07.01.2005 made in O.S.No.745 of 1996 on the file of the learned IV Additional City Civil Court, Chennai and allow the appeal.
For Appellant : M/s.J. Viswanathan
For Respondents : M/s. P.T. Ramadevi [for R-7] M/s. P. Veera Suresh [for R8]
J U D G M E N T
This Appeal Suit has been filed to set aside the Judgment and Decree of the learned IV Additional Judge, City Civil Court, Chennai in O.S.No.745 of 1996.
3.In view of the above submission made by the learned counsel for the Appellants, nothing survives in this appeal for any adjudication. Hence, this appeal is dismissed as infructuous. No costs.
SD/-
ASSISTANT REGISTRAR
// TRUE COPY //
SUB ASSISTANT REGISTRAR
Copy to:
+1cc to M/s.P.T.Ramadevi, Advocate Sr.20787 +1cc to M/s.P.Veena Suresh, Advocate Sr.20958 +1cc to M/s.K.Ashok Kumar, Advocate Sr.21407
A.S.No.895 of 2005
skm[co]
srg 19/04/2022
1 issue framed by the court
Whether the appeal filed under Section 96 CPC to set aside the lower court judgment and decree is maintainable given that the disputed property has been taken over by the Government and is subject to
1 provisions across 1 enactments
L. Ethiraj and others
Corporation of Madras and others
S. Kannammal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
