Madras High CourtCMP(MD)/613/2020dismissed for default

Annadurai v. Marudai Pillai

2024-07-25Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Twenty Fifth day of July Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice G.ILANGOVAN in S.A.(MD).No.SR.19161 of 2016 ANNADURAI ... PETITIONER/PETITIONER/APPELLANT Vs MARUDAI PILLAI ... RESPONDENT/RESPONDENT/RESPONDENT Civil Miscellaneous Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to set aside the dismissal order for non prosecution dated 12.12.2019 in CMP(MD). No.5414 of 2016 SA(MD).SR.No.19161 of 2016 by this Honourable High Court and to restore the same PRAYER IN S.A.(MD).No.SR19161 of 2016:

To prefer the above memorandum of grounds of Second Appeal against the judgment and decree dated 01.04.2015 in A.S.No.29 of 2013 on the file of the Trianee District Judge cum V Addiitonal Subordinate Judge, Tiruchirappalli, confirming the judgment and decree dated 21.09.2010 in O.S.No.118 of 2005 on the file of the District Munsif Court, Musiri.

ORDER : This Civil Miscellaneous Petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.P.THIYAGARAJAN, Advocate for the Respondent and none appeared for the Petitioner side either in person or by an advocate, the court made 1/3

the following order:- This petition has been filed to set aside the dismissal order for non prosecution dated 12.12.2019 in C.M.P.(MD).No.5414 of 2016 in S.A.(MD).No.SR19161 of 2016. 2.On the earlier hearing the sole respondent reported to be dead. Even after repeated adjournment steps have not been filed. Even today there is no representation for the petitioner.

3.In view of the same, this petition stands dismissed for default. sd/- 25/07/2024 / TRUE COPY / /08/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

TM TO 1 THE TRAINEE DISTRICT JUDGE CUM V ADDITIONAL SUBORDINATE JUDGE, TIRUCHIRAPPALLI.

2 THE DISTRICT MUNSIF, MUSIRI.

2/3

ORDER

IN in S.A.(MD).No.SR.19161 of 2016 Date :25/07/2024 SA/GS/SAR. /27.08.2024/3P/3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 3/3