S.Balaji Karthikeyan vs R.Natarajan Chettiar
2021 Latest Caselaw 14323 Mad

                                                                         C.M.P.(MD)No.2708 of 2020

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED: 16.07.2021

                                                    CORAM :

                             THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

                                            C.M.P.(MD)No.2708 of 2020
                                                       in
                                            A.S.(MD)SR.No.9361 of 2020

                     S.Balaji Karthikeyan                           ... Petitioner/Appellant

                                                       Vs.
                     1.R.Natarajan Chettiar

                     K.K.M.Muniyasamy (died)
                     M.Suresh (died)

                     2.M.Maheswaran

                     3.M.Sankar

                     4.M.Elizabeth Rani

                     5.Rathika

                     6.Surega

                     7.Sakhana                                               ... Respondents

                     (Cause title accepted vide Court order dated
                      06.03.2020 made in C.M.P.(MD)No.2363/2020
                      in A.S.(MD)SR.9361/2020)




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                                                                                    C.M.P.(MD)No.2708 of 2020

                     PRAYER IN C.M.P.(MD)No.2708/2020: Petition filed under Order 41
                     Rule 3A of C.P.C., praying to condone the delay of 3942 days in filing
                     the above appeal suit.


                     PRAYER IN A.S.(MD)SR.No.9361 of 2020: Appeal suit filed under
                     Section 96 and Order 41 Rule of C.P.C., against the judgment and decree
                     dated 23.01.2009 made in O.S.No.41 of 2007 on the file of Additional
                     District & Sessions Judge, Fast Track Court, Ramanathapuram.

                                        For Petitioner/Appellant : Mr.P.Muthuvel
                                                                       for M/s.Isaac Chambers

                                                              ORDER

The petitioner in this miscellaneous petition is the appellant in the

main appeal. There is a delay of 3942 days in filing the appeal. During

the pendency of this miscellaneous petition, it appears that the issues

have been resolved. Counsel for the appellant has filed the following

memo:

“It is submitted that the subject suit property is family property of the petitioner. There are five sharers of the petitioner. One of the share holder namely Muniyasamy has executed a unregistered sale agreement with the 1st respondent herein. On the basis of the unregistered sale agreement, the 1st

https://www.mhc.tn.gov.in/judis/ C.M.P.(MD)No.2708 of 2020

respondent has filed a suit for specific performance in O.S.No. 41/2007. He got exparte decree. E.P.No.26/2010 has been filed by the 1st respondent herein. The other co-sharer have filed a claim petition in that E.P.No.26/2010. After filing the above first appeal before this Hon'ble Court challenging the exparte decree the respondent herein filed a memo before the E.P. Court stating that the decree holder has satisfied with regard to the share of 1st respondent in the suit in O.S.No.41 of 2007 (on the file of Fast Track Court, Ramanathapuram) (Late.Muniyasamy). So, the E.P.No.26/2010 may be dismissed as not pressed. It was recorded by the learned Trial Court (Fast Track Court, Ramanathapuram) and dismissed the E.P.No.26/2010 on 04.11.2020.

It is therefore prayed that this Hon'ble Court may be pleased on record this memo and closed the above first appeal and thus render justice”

2. In view of the same, this Civil Miscellaneous Petition is closed.

Consequently, A.S.(MD)SR.No.9361 of 2020 is dismissed. No costs.

16.07.2021 Internet : Yes/No Index : Yes/No vsm

https://www.mhc.tn.gov.in/judis/ C.M.P.(MD)No.2708 of 2020

G.R.SWAMINATHAN, J.

vsm

To The Additional District and Sessions Judge, Fast Track Court, Ramanathapuram.

C.M.P.(MD)No.2708 of 2020 in A.S.(MD)SR.No.9361 of 2020

16.07.2021

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