Madras High CourtCMP(MD)/5035/2024dismissed for nonprosecution

M.Sundar, v. P.Kanaga,

2024-06-18Honourable Mrs Justice S.Srimathy3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Tuesday, the Eighteenth day of June Two Thousand and Twenty Four PRESENT The Hon`ble Mrs.Justice S.SRIMATHY CMP(MD). No.5035 of 2024 in A.S(MD).No.29 of 2021 M.Sundar, ... Petitioner/Appellant Vs P.Kanaga, (Sole Defendant - Died During Pendency of Suit)

1) A.Subramanian 2 A.Pannerselvam 3 A.Murugan 4 John Chelladurai ... Respondents/Respondents Prayer :- This Petition is filed under order 41 Rule 19 of C.P.C to set aside the order in A.S.(MD) No.29/2021 dated 26.02.2024 and restore the above A.S.(MD) No.29/2021 Prayer in AS(MD). 29/ 2021 :

This Appeal filed under section 96 of C.P.C to set aside the Judgment and Decree dated 07.03.2020 in O.S.No.63 of 2017 on the file of VI Additional District Judge, Madurai

ORDER:- This Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Thiru. T.R.Jeyapalam, Advocate for the fourth respondents, and none having apppeared for the petitioner/Appellant this Court made the following order: When this petition was listed on 10.06.2024, the petitioner did not appear before this Court either in person or through any learned Counsel, hence, this petition was posted under the caption "for dismissal" today, ie., on 18.06.2024. 2.When this petition was listed today, ie., on 18.06.2024, again, the petitioner did not appear before this Court either in person or through any learned Counsel, hence, this Court is inclined to dismiss this petition. 3.Hence, this Civil Miscellaneous Petition is dismissed for non-prosecution. No costs.

Sd/- Assistant Registrar ( CS-II ) // True Copy // /07/2024 Sub Assistant Registrar (CS - I/ II / III / IV)

TO 1.VI Additional District Judge, Madurai ORDER DATED : 18/06/2024 ==========================

ORDER

========================== CMP(MD). No.5035 of 2024 in A.S(MD).No.29 of 2021 Giving direction and etc.

as stated within.

RE (09.07.2024) 3P/ 2C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023.