Kalaichelvan vs Velusamy (Died) ... 1St
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Madras High Court

Kalaichelvan vs Velusamy (Died) ... 1St on 1 February, 2024

                                                                               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
                                                             -vs-

                     1.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


                                                         JUDGMENT

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.

2. The learned counsel for the appellant also not confronted the same.

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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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
                     1. The District Court,
                        Karur

                     2. The Sub Court,
                       Kulithalai.

                     3. The Section Officer,
                        Vernacular Records,

Madurai Bench of Madras High Court, Madurai.

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

P.DHANABAL,J.

ebsi

01.02.2024

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