Madras High CourtCMP(MD)/2671/2017dismissed for default

Elangovan v. Thamarai Rajendran

2017-12-14Honourable Mr Justice S. Baskaran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Thursday, the Fourteenth day of December, Two Thousand and Seventeen PRESENT The Hon'ble Mr.Justice S.BASKARAN CMP(MD) No.2671 and 2672 of 2017 IN SA(MD) No.555 of 2013 ELANGOVAN ... PETITIONER/APPELLANT IN BOTH THE PETITIONS Vs 1 THAMARAI RAJENDRAN 2 THAMARAI VINOTHAN (DIED) 3 NANDHINI PRAKASH 4 MINOR. UMESHWER 5 MINOR MITHILESHA (Minor respondents 4 & 5 represented through their mother and guardian 3rd respondent herein) ... RESPONDENTS/RESPONDENTS IN BOTH THE PETITIONS PRAYER IN CMP(MD)2671/2017:

Petition filed under Order XXII Rule 9(2) of Civil Procedure Code, praying to set aside the abatement caused in respect of death of 2nd respondent in S.A(MD)No.555 of 2013.

PRAYER IN CMP(MD)2672/2017:

Petition filed under Order XXII Rule 4 of Civil Prodecure Code, praying to bring on record the respondents 3 to 5 herein as legal heirs of the deceased 2nd respondent and implead them as respondents 3 to 5 in S.A(MD)No.555 of 2013.

PRAYER IN S.A(MD)No.555/2013:

Second Appeal filed under section 100 of Civil Procedure Code, against the Judgment and decree dated 17.04.2013 made in A.S.No.115/2010 on the file of the Principal Sub-Court, Dindigul confirming the Judgment and Decree dated 30.07.2010 made in O.S.No.524 of 2001 on the file of the Additional District Munsif Court, Dindigul.

https://hcservices.ecourts.gov.in/hcservices/ ORDER: The Petitions having been posted for orders on this day for not having represented the batta with petitions alongwith affidavit

in the presence of Mr.R.Gandhi, Advocate for the Petitioner and this Court having granted 3 weeks time as a condition prcedent and the said Advocate not having complied with the said direction of this Court, it is ordered that these petitions do stand dismissed against Respondents No.3 to 5.

Sd/ Assistant Registrar(CS-I) /True copy/ Sub Assistant Registrar ORDER DATED:14.12.2017

ORDER

CMP(MD) No.2671 and 2672 of IN SA(MD) No.555 of 2013 Dismissing the Second Appeal against the R3 to 5 for non payment of Batta etc. as stated within.

KK/PN/SAR-4/13.07.2018/2P-1C/ https://hcservices.ecourts.gov.in/hcservices/