Madras High CourtSA(MD)/454/2009dismissed for default

P.Paul Rathinam v. R.Natarajan

2019-01-22Honourable Mrs Justice R. Tharani2 pages

EFORE THE MADURAI BENCH OF MADRAS HIGH COURT Tuesday, the Twenty Second day of January Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice R.Tharani CMP(MD)No.8751 of 2016 in SA(MD) No.454 of 2009 P.PAUL RATHINAM ... Petitioner Vs R.NATARAJAN ... Respondent Prayer in CMP(MD). 8751/ 2016 :

This civil Miscellaneous petition filed under order 9 rule 9 cpc to restore the second appeal in S.A.No.454 of 2009 which was dismissed for default by setting aside the order dated 09.07.2012. Prayer in SA(MD). 454/ 2009 :

Second Appeal filed under section 100 of the Civil Procedure code against the Judgments and decree made in AS.49 of 2007 on the file of the Sub Ordinate Judge, Ambasamudram dated,16.04.2008 confirming the Judgments and decree made in OS.201 of 2005 on the file of the decree made in O.S.No.201 of 2005 on the file of the Learned Principal District Munsif, Ambasamudram dated.19.02.2007.

ORDER : This petition having been posted for orders on this day, for not having paid the batta/take steps with petitions along with affidavit in presence of Mr.C.A.Ganapathi Advocate for petitioner and this court having granted time till 05.02.2019 for complieance of the defects, as condition precedent and the said Advocate not having complied with the said direction of this Court, it is ordered that this Second Appeal Petition do stand dismissed against the sole Respondent.

Sd/- Assistant Registrar(cs-I) /True Copy/ Sub Assistant Registrar(CS-) https://hcservices.ecourts.gov.in/hcservices/

TO 1 THE SUBORDINATE JUDGE, AMBASAMUDRAM.

2 THE PRINCIPAL DISTRICT MUNSIF, AMBASAMUDRAM ORDER DATE:22.01.2019 BATTA DEFAULT SA(MD) No.454 of 2009 in CMP(MD)No.8751 of 2016 GIVING DIRECTION ETC., AS STATED WITHIN SP/10.04.2019/ 2P/3C https://hcservices.ecourts.gov.in/hcservices/