P.Ramadoss v. Periyasamy Udayar
Case brief
What is this about?
S.A.No.396 of 2010 with M.P.No.1 of 2010, High Court of Judicature at Madras, decided 07.04.2025 by Sathi Kumar Sukumara Kurup, J. Second appeal under Section 100 CPC by defendant P.Ramadoss against decree for Rs.63,175/- in O.S.No.779 of 2004 as confirmed in A.S.No.31 of 2006; dismissed as infructuous since decree fully satisfied in execution in E.P.No.445 of 2005 (claim petition E.A.No.602 of 2006 dismissed, sale certificate issued, cheque of Rs.77,667/- to decree holder Periyasamy Udaiyar, died-sole respondent, full satisfaction recorded, E.P. terminated); appellant unrepresented; no costs.
What did the court decide?
Since the defendant-appellant was aware of the execution proceeding and full satisfaction of the decree having been recorded, nothing survives in the second appeal; accordingly it is dismissed as infructuous, the connected miscellaneous petition is closed, and there is no order as to costs.