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Madras High CourtCMP(MD)/7695/2021rejected

R.Jeeva (Died), 2. Mokkal Veeramal, v. Tamil Selvi,

2022-06-16Honourable Mr Justice P. Velmurugan2 pages

CMP(MD) No.7695 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Sixteenth day of June Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice P.VELMURUGAN CMP(MD) No.7695 of 2021 IN AS(MD) No.269 of 2008 1 R.JEEVA (DIED),

2. MOKKAI VEERAMAL, 3 MALAICHAMY, 4 RAGU, ... PETITIONERS /3rd & 4th APPELLANT - LRs OF THE 1st APPELLANT Vs TAMIL SELVI, ... RESPONDENT/RESPONDENT 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 order of dismissal for abated dated 14.06.2014 passed in A.S.(MD)No. 269 of 2008, on the file of this Honourable Court, and restore the same to file. PRAYER IN AS(MD)No. 269 of 2008:

Pleased to set aside the decree and the judgment dated 26.06.2008 passed in O.S.No.109 of 2004 by the Additional District and Sessions Judge, Fast Track Court, Dindigul, and to dismiss the suit in O.S.No. 109 of 2004 by allowing this appeal with costs. ORDER : This 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.CHAMUNDI BOSE, Advocate for the petitioner, the court made the following order:- This Petition has been filed by the petitioners to set aside the Order of dismissal for abated, dated 14.06.2014 in A.S(MD)No.269 of 2008.

2.Since the affidavit filed in support of the petition has not been attested by anyone of the Advocate this Petition is rejected. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMP(MD) No.7695 of 2021 3.The Registrar (Administration) is directed to issue a memo to the Staff concerned who has taken this petition on file without perusing the affidavit that Whether the Signature/Thump impression of the deponent has been duly attested by anyone of the Advocate as per Civil Rules of Practice.

4.This type of practice cannot be entertained. At the same time, Court has to take care of the innocent litigant public also. 5.The learned counsel appearing for the petitioners is directed to get a better affidavit which is duly attested. 6.List the matter on 27.06.2022.

sd/- 16/06/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE ADDITIONAL REGISTRAR GENERAL, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

2. THE REGISTRAR (ADMINISTRATION) MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to MR.CHAMUNDI BOSE, Advocate SR.No.5677(I)

ORDER

IN CMP(MD) No.7695 of 2021 IN AS(MD) No.269 of 2008 Date :16/06/2022 PKP/JM/SAR-3/17.06.2022/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2