Madras High CourtCMP(MD)/2971/2019dismissed

R.S.Arumugam v. S.Sundararaj

2020-11-20Honourable Mr Justice R. Mahadevan2 pages

CMP(MD). No.2971 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Civil Appellate Jurisdiction) Friday, the Twentieth day of November Two Thousand and Twenty PRESENT The Hon'ble Mr.Justice R.MAHADEVAN CMP(MD). No.2971 of 2019 in CRP(MD).No.1109 of 2012 R.S.Arumugam ... Petitioner/Petitioner Vs S.Sundararaj ... Respondent/Respondent Prayer in CMP(MD). No.2971 of 2019 :- Civil Miscellaneous Petition is filed under Section 5 of Limitation Act, praying this Hon'ble Court to condone the delay of 526 days in filing the Restoration Petition.

Prayer in CRP(MD).No.1109 of 2012 :

Civil Revision Petition is filed under section 115 of Civil Procedure Code, praying this Hon'ble Court to call for the records from the Subordinate Judge, Ambasamudram, Tirunelveli District in E.A.No. 212/2011 in E.P.No. 27/2007 in O.S.No. 92/2003 and hear the parties and allow this revision with costs by setting aside the dismissal order in E.A.No. 212/2011 dated 19.03.2012. ORDER:- Civil Miscellaneous Petition coming on for hearing on this day and upon perusing the petition and the affidavit filed in support thereof and the earlier order of this Court dated 04.09.2017 and upon hearing the arguments of Mr.V.Balaji, Advocate for the Petitioner this Court made the following order: This miscellaneous petition has been filed to condone the delay of 526 days in filing the restoration petition.

2. The C.R.P.(MD)No.1109 of 2012 was dismissed for default on 04.09.2017 for not taking steps.

3.When the miscellaneous petition, came up for hearing on 06.11.2020, at request of the learned counsel for the petitioner, the matter was adjourned to today, i.e., 20.11.2020. When the matter came up for hearing today, there is no representation on behalf of the petitioner. 4.

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CMP(MD). No.2971 of 2019

4. The Civil Revision Petition is of the year 2012. In the said circumstances, no useful purpose will be served in keeping this petition pending at this length of time and hence, this miscellaneous petition is dismissed.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2020 Sub Assistant Registrar(CS) To The Subordinate Judge, Ambasamudram, Tirunelveli District.

ORDER DATED : 20/11/2020 ==========================

ORDER

========================== CMP(MD). No.2971 of 2019 in CRP(MD).No.1109 of 2012 Giving direction and etc.

as stated within.

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