Madras High CourtCMP(MD)/2495/2020dismissed for default

S.Pitchaiah (Died) v. R.Pitchaiah

2024-07-18Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.07.2024

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN C.M.P.(MD).No.2495 of 2020 in S.A.(MD).No.SR18092 of 2019 and S.A.(MD).No.SR18092 of 2019 S.Pitchaiah (Died) 1.Subbammal 2.Mariappan 3.Subramanian 4.Muthulakshmi 5.Kumar ... Petitioners/Appellants Vs.

1.R.Pitchaiah 2.P.Madasamy ... Respondents/Respondents PRAYER in C.M.P.(MD).No.2495 of 2020: Civil Miscellaneous Petition is filed under 5 of the Limitation Act, to condone the delay fo 38 days in filing the Second Appeal.

PRAYER in S.A.(MD).No.SR18092 of 2019: Second Appeal is filed under Section 100 of the C.P.C. to call for the records and set aside the Judgment and Decree passed by the Additional Sub Court, Tenkasi, dated 15.11.2018 made in A.S.No.35 of 2013, reversing the Judgment and Decree passed by the Principal District Munsif, Tenkasi, in O.S.No. 1/3

476 of 2008 dated 06.08.2013.

For Petitioner/Appellant : No Appearance For Respondent/Respondent : Mr.M.P.Senthil for R2

ORDER

R1 is reported to be dead. No steps have been taken so far. There was no representation for the petitioner on 19.06.2024. Hence, the matter was ordered to be listed today under the caption for dismissal. Even today (i.e.,18.07.2024), there is no representation for the petitioner. In view of the same, this petition stands dismissed for default. Consequently, connected second appeal is also dismissed at the SR stage itself.

18.07.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No TM To 1.The Additional Sub Judge, Tenkasi.

2.The Principal District Munsif, Tenkasi.

3.The Section Officer, E.R.Section/V.R.Section, Madurai Bench of Madras High Court, Madurai.

2/3

G.ILANGOVAN ,J.

TM C.M.P.(MD).No.2495 of 2020 in S.A.(MD).No.SR18092 of 2019 18.07.2024 3/3