M.Varghese v. S.Alexander (Died)

CMP(MD). No.2709 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Monday, the Tenth day of October Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice B.PUGALENDHI CMP(MD). No.2709 of 2021 in SA(MD)No.337 of 2018 M.Varghese ... Petitioner/Appellant Vs S.Alexander (Died) 1.Josephine Kala 2 Azhika 3 Adarshiya ... Respondents/Respondents Prayer :- CMP(MD). No.2709 of 2021 Civil Miscellaneous Petition filed under order 23 Rule 4 of CPC Pleased to bring on record 1) Josephine Kala, 2) Azhika and 3) Adarshiya as legal heirs of the sole deceased respondent and rank them as additional respondents 2 to 4 in the Second Appeal . Prayer : SA(MD)No.337 of 2018 Second Appeal filed under section 100 of CPC to set aside the Judgment and Decree passed by the Principal Subordinate court, Nagercoil in AS.No.19 of 2015 dated 17.01.2018 reversing the judgment and decree passed in O.S.No.7 of 2011 on the file of the Principal District Munsif Court, Nagercoil dated 30.03.2015 and allow the appeal and thus render justice.

Order:

This Civil Miscellaneous Petition having been posted in the default list on this day, and this court having been granted three weeks time from 10.10.2022 for compliance of the defects viz Batta not filed Respondents 1 to 3, but the counsel for the petitioner failed to comply the above defect within the time stipulated by this court Hence the petiton and Second Appeal stands dismissed Sd/- Assistant Registrar(CO) // True Copy // /12/2022 Sub Assistant Registrar(CS) https://www.mhc.tn.gov.in/judis 1/2

CMP(MD). No.2709 of 2021 TO

1. The SubordinateJudge, Nagercoil.

2. The Principal District Munsif, Nagercoil.

Copy to:

The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai ORDER DATED : 10/10/2022 ==========================

ORDER

========================== CMP(MD). No.2709 of 2021 in SA (MD)337 of 2018 Giving direction and etc.

as stated within.

MK/06.12.2022/2P/4C https://www.mhc.tn.gov.in/judis 2/2