Madras High CourtCMP(MD)/2901/2022dismissed

1. M. Ponnuthayammal (Died), 2. Kalavathi (Died), 3. G. Saraswathi (Died), 4. M. Ramakrishnan, v. M.P. Ramadoss,

2023-07-05Honourable Mr Justice P. Velmurugan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Wednesday, the Fifth day of July Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice P.VELMURUGAN in SA No.1237 of 1998

1. M. Ponnuthayammal (Died),

2. Kalavathi (Died)

3. G. Saraswathi (Died)

4. M. Ramakrishnan 5.M.Alagarsamy ... Petitioner/Appellant Vs

1. M.P. Ramadoss,

2. Ponnuthayammal, (Died)

3. M.P.Devamani,

4. Raja,

5. S. Ananthi, ... Respondent/Respondent ( R4 & R5 are brought on record as LRS of the deceased R2) Prayer in CMP(MD)2901 of 2021:- This civil Miscellaneous Petition filed under order 41 , Rule 19 R/W Section 151 of Civil Procedure Code, To restore the above Second Appeal in S.A. No 1237 of 1998 which was dismissed for non-prosecution dated 25.04.2017. Prayer in SA.No. 1237 of 1998:

This memorandum of Second Appeal filed under section 100 of Civil Procedure Code, against the judgment and decree in AS No.149/97 on the file of 1/3

District Judge, Sriviliputhur dated 05/02/1998 in reversing the judgment and decree in O.S No.60/1993 on the file of Additional Subordinate Judge ,Sriviliputhur dated 22/07/1997.

ORDER:- This Civil Miscellaneous Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.M.Saravanakumar, Advocate for the Petitioner and the Respondent has not appear either in person or by on Advocate , this Court made the following order:

The order of this Court dated 23.06.2023, has not been complied with. Hence, this petition to restore the second appeal in S.A.No.1237 of 1998, which was dismissed for non-prosecution on 25.04.2017, is dismissed. Sd/- Assistant Registrar(CS III) // True Copy // /07/2023 Sub Assistant Registrar(CS) 2/3

1. THE DISTRICT JUDGE, VIRUDHUNAGER DISTRICT AT SRIVILLIPUTHUR

2. THE SUBORDINATE JUDGE, SRIVILLIPUTHUR Copy to:

The Section Officer, Vernacular Records Madurai Bench of Madras High Court, Madurai +1 CC to Mr.M.Saravanakumar, Advocate SR.No.32755 ORDER DATED : 05/07/2023 ==========================

ORDER

========================== Giving direction and etc.

as stated within.

MK/28.07.2023 3P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3