M.Karthikeyan vs Sky Cotex India Private Limited
2023 Latest Caselaw 490 Mad

                                                            1

                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED: 09.01.2023

                                                         CORAM:

                                   THE HONOURABLE MR. JUSTICE RMT.TEEKA RAMAN

                                                   C.M.A.No.319 of 2022

                  M.Karthikeyan                                                     ...Appellant

                                                           Vs.


                  Sky Cotex India Private Limited,
                  represented by
                  Soundararaj Karthikeyan
                  Arul Industrial Estate,
                  Arul Puram, Tiruppur.                                          ... Respondent

                  PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the Motor
                  Vehicles Act, 1988 against the order passed in I.A.No.1775 of 2017 in
                  O.S.No.331 of 2017 dated 04.12.2021 by the learned II Additional
                  District Judge, Tirupur.

                                  For Appellant       : Mr.M.Dearaj

                                  For Respondent      : Mr.P.Santhosh
                                                        For M/s.K.Govi Ganesan

                                                     JUDGMENT

The appellant is the defendant in the suit. A petition in

I.A.No.1775 of 2017 in O.S.No.331 of 2017 was filed by the plaintiff to

attach the petition mentioned property before judgment under Order 38,

Rule 5 of the C.P.C, which was allowed by the trial Court dated

04.12.2021. As against the order of attachment, the present Appeal has

been filed by the defendant.

https://www.mhc.tn.gov.in/judis

RMT.TEEKAA RAMAN,J.,

nvi

2. It is represented by Mr.P.Santhosh the learned counsel for

Mr.K.Govi Ganesan, the learned counsel appearing for the

respondent/plaintiff on record that, the suit itself is disposed of and the

judgment and decree was passed on 08.02.2023, whereby the suit itself

is decreed for a sum of Rs.1,09,64,726/-. Therefore, nothing survives in

the appeal.

3. Recording the above submission, this Civil Miscellaneous

Appeal is closed. However, he has to workout his remedy before the

appropriate Court in the regular appeal. No costs. Consequently,

connected C.M.P is closed.

09.02.2023

nvi

Index : Yes/No Speaking/Non-speaking order

To

1.The Motor Accident Claims Tribunal Judge / II Additional District Judge, Tirupur.

2.The Section Officer, V.R.Section, High Court, Madras.

C.M.A.No.319 of 2022 and C.M.P.No.2164 of 2022 https://www.mhc.tn.gov.in/judis