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Madras High CourtCMP/26653/2023dismissed for nonprosecution

M.Subramanian v. Arumuga Gounder (Deceased), 1.Lakshmi

2025-07-03Honourable Mr Justice C.V. Karthikeyan2 pages

C.M.P.Nos.26653 & 26655 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN C.M.P.Nos.26653 & 26655 of 2023 in S.A.No.586 of 2010 M.Subramanian ... Petitioner / Appellant Vs.

Arumuga Goundar (deceased) 1.Lakshmi 2.Chinnammal 3.Elavarasi (deceased) 4.Karamel Azhagan 5.Alamelu ... Respondents / Respondents (RR 1 to 5 are brought on record as Legal Heirs of the deceased sole respondent vide order dated 15.07.2015 in M.P.Nos.1 to 3 of 2014) PRAYER in both CMPs : These Miscellaneous Petitions are filed to condone the delay of 128 days in filing the present restoration petition of the Second Appeal and to restore the Second Appeal No.586 of 2010 which was dismissed on 02.06.2023 for non-prosecution. For Petitioner : No appearance For Respondents : M/s.Sarvabhauman Associates for R1, R2, R4 & R5 1/2 https://www.mhc.tn.gov.in/judis

C.M.P.Nos.26653 & 26655 of 2023 C.V.KARTHIKEYAN , J.

gsk

ORDER

These Civil Miscellaneous Petitions are filed to condone the delay of 128 days in filing the present restoration petition of the Second Appeal and to restore the Second Appeal No.586 of 2010 which was dismissed on 02.06.2023 for non-prosecution.

2. The learned counsel for the petitioner is not present. By an order dated 02.06.2023, the Second Appeal was dismissed for non-prosecution. These Petitions have been filed for restoration of the Second Appeal. But, the learned counsel for the petitioner / appellant is not present and it shows that the petitioner / appellant is not interested in prosecuting the Appeal any further.

3. In view of the same, these Civil Miscellaneous Petitions are dismissed for non-prosecution. No costs.

03.07.2025 Index : Yes / No Internet : Yes gsk C.M.P.Nos.26653 & 26655 of 2023 in S.A.No.586 of 2010 2/2 https://www.mhc.tn.gov.in/judis