Madras High CourtCMP(MD)/5574/2021dismissed for default

Angirasan v. Veerasamy

2021-10-06Honourable Mr Justice G.R.Swaminathan2 pages

CMP(MD) No.5574 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Sixth day of October Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CMP(MD) No.5574 of 2021 IN SA(MD) No.609 of 2010 ANGIRASAN ... PETITIONER/ APPELLANT Vs 1 VEERASAMY 2 DHARMAMPAL ... RESPONDENTS/RESPONDENTS Prayer in CMP(MD) No.5574 of 2021 in SA(MD) No.609 of 2010: The Civil Miscellaneous Petition filed section 5 of Limitation Act praying to condone the delay of 1766 days in filing the petition to restore the appeal which was dismissed for default in SA No.609 of 2010 dated 11.04.2016 and pass such other or orders of this Honourable Court may deem fit and proper in the circumstances of the case and thus render justice.

Prayer in SA(MD). 609 of 2010 :

The Second Appeal filed under Section 100 of Civil Procedure code, praying to set-aside the decree and judgement in A.S.No.133/2007 dated 30.6.2009 on the file of the Subordinate Judge, Kumbakonam thereby confirming the decree and judgement in O.S.No.150 of 2006 dated 07.08.2006 on the file of the Additional District Munsif, Valangaiman at Kumbakonam.

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 the petitioner/Appellant was not appeared either in person or through his counsel and of Mr.G.Gomathi Sankar, Advocate for first respondent, and this court made the following order:- "None appears for the petitioner/appellant.

This Petition is dismissed 'for default'.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMP(MD) No.5574 of 2021 +1. C.C. to M/S.G.GOMATHI SANKAR, Advocate SR.No.1168 ORDER DATED : 06/10/2021 ========================== CD PURPOSE ========================== CMP(MD)No.5574 of 2021 in SA(MD).No.609 of 2010 Giving direction and etc.

as stated within.

RD(17.06.2022) 2P 2C https://hcservices.ecourts.gov.in/hcservices/ 2/2