Appeal against a first appellate court's remand order in a property suit. The suit was dismissed for default on 26.11.2018 after the remand. The High Court dismissed the appeal as infructuous, leaving the appellant free to act if the suit is restored.
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C.M.A.(MD).No.1395 of 2013
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 01.02.2024
CORAM:
THE HONOURABLE MR.JUSTICE P.DHANABAL
C.M.A.(MD)No.1395 of 2013 and
M.P(MD) No.1 of 2013
Kalaichelvan ... Appellant/1st Respondent/ Plaintiff -vs1.Velusamy (Died) ... 1st Respondent/Appellant/ 1st Defendant 2. Ananthi ... 2nd Respondent/2nd Respondent/ 2nd Defendant 3. Valarmathy 4. Nagarajan 5. Minor Navaneatha Krishnan ... Respondents
(Minor 5th respondent represented by his mother Valarmathy)
(R3 to R5 are brought on record as LRS of the deceased R1 vide order of this Court dated 26.06.2014 made in M.P(MD) Nos.1 to 3 in C.M.A(MD) No.1395 of 2013)
PRAYER: Civil Miscellaneous Appeal filed under Order 43 Rule 1(U) of C.P.C, against the judgment and decree in A.S.No.72 of 2005, dated 13.09.2010 on the file of the District Court, Karur remanding the judgement
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C.M.A.(MD).No.1395 of 2013
and decree in O.S.No.73 of 2003, dated 30.09.2004 on the file of the Sub Court, Kulithalai.
For Appellant : Mr.K.Govindarajan
For Respondents : Mr.G.Sridharan – for R3 to R5 : Died– R1
: No appearance – for R2
J U D G M E N T
When the matter is taken up for hearing today, the learned counsel
appearing for the respondents 3 to 5 represented that this Civil Miscellaneous
Appeal is arising out of remand order passed in A.S.No.72 of 2005. After the order passed by the First Appellate Court, the matter was posted before the Trial Court. Thereafter, the suit itself was dismissed for default on 26.11.2018 as steps have not been taken.
3. In view of the both side submissions, this Civil Miscellaneous Appeal is dismissed as infructuous. The appellant is at liberty to take
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C.M.A.(MD).No.1395 of 2013
appropriate steps in accordance with law, if the suit is restored on file. There shall be no order as to costs. Consequently, connected Miscellaneous Petition
stands closed.
01.02.2024
NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi
To
2. The Sub Court, Kulithalai.
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C.M.A.(MD).No.1395 of 2013
P.DHANABAL,J.
ebsi
C.M.A(MD)No.1395 of 2013
01.02.2024
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1 provisions across 1 enactments
Kalaichelvan
Velusamy (Died)
Ananthi
Valarmathy
Nagarajan
Minor Navaneatha Krishnan
P.Dhanabal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
