Appeal filed to set aside a District Judge's order dismissed for non-prosecution by the appellant's absence, represented to be outside the scope since the underlying suit was disposed of.
Appeal dismissed for non-prosecution; no order on costs.
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C.M.A.(MD).No.815 of 2014
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated : 20.12.2023
CORAM:
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
C.M.A.(MD)No.815 of 2014
Indian Bank, Rep. By its Branch Manager, Pattullas Road Branch, Chennai – 600 002.
... Appellant
Vs.
The Idol of Arulmigu Kalyana, Pasupatheeswara Swamy, Arulmigu, Kalyana Pasupatheeswara Devasthanam, Karur Rep. By its Executive Officer
... Respondent
PRAYER : Civil Miscellaneous Appeal filed under Order 43 Rule 1 of Civil Procedure Code, to set aside the order of the learned District Judge, Karur made in I.A.No.44 of 2011 in O.S.No.9 of 2011 dated 27.04.2012.
For Appellant : No Appearance For Respondent : Mr.P.Thiagarajan
JUDGMENT
When the case was called up for hearing today, there is no
representation for the appellant despite being posted 'for dismissal'.
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C.M.A.(MD).No.815 of 2014
L.VICTORIA GOWRI, J.
Mrn
2.The learned counsel for the respondent represented that the suit in O.S.No.9 of 2011 on the file of the learned District Judge, Karur has already been disposed of and nothing survives for adjudication in this appeal.
3.In view of the above, this Civil Miscellaneous Appeal is dismissed for non prosecution. There shall be no order as to costs.
20.12.2023
NCC : Yes / No Index : Yes / No Internet : Yes Mrn
To
1.The District Judge, Karur.
2.The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai.
C.M.A.(MD)No.815 of 2014
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Indian Bank
The Idol of Arulmigu Kalyana, Pasupatheeswara Swamy
L. Victoria Gowri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
