Madras High CourtCMP(MD)/5994/2022dismissed for default

P. Seethalakshmi, v. M. Muniammal,

2022-07-20Honourable Mr Justice P. Velmurugan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.07.2022

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN in A.S (MD)SRNo.21529 of 2022 1.P.Seethalakshmi 2.P.Sobhana 3.P.Vanitha (minor) 4.P.Balasubramanian (minor) 5.P.Malathika (minor) 6.P.Sneka (minor) ... Petitioners Vs.

1.M.Muniammal 2.M.Loganathan 3.M.Manimegala

4.S.Elajjiam S.Thirumal (died) 5.The Sub Registrar, Viralimalai, Pudukkottai District.

6.Shanmuganathan 7.Swaminthan 8.Srinivasan 9.Alamelu Mangai

...Respondents

PRAYER in C.M.P(MD) No.5994 of 2022: Petition filed under Order 41 Rule 3A r/w Order 42 Rule 1 of Code of Civil Procedure, to condone the delay of 1283 days in filing the above said first appeal as against the decree and judgment made in O.S.No.47 of 2011 on the file of Principal District Judge, Pudukkottai, dated 17.07.2018.

PRAYER in A.S(MD)SR No.21529 of 2022: Appeal Suit filed under Section 96 of the Civil Procedure Code, to set aside the judgment and decree made in O.S.No.47 of 2011 on the file of Principal District Judge, Pudukkottai, dated 17.07.2018.

For Petitioners : No appearance

J U D G M E N T

When the matter came up for hearing on 15.07.2022, on the request made by learned counsel appearing for the petitioners, it was passed over. Later, when the matter was called, there was no presentation for the petitioners. Hence, the matter was directed to be listed today(20.07.2022) under the caption 'for orders'.

2.Today, when the matter is taken up for hearing, none appeared on behalf of the petitioners. This shows that the petitioners are not interested in prosecuting the petition. Hence, this Court has no other option except to dismiss the petition for non-prosecution. 3.Accordingly, this Civil Miscellaneous Petition is dismissed for non-prosecution. Consequently, A.S(MD) SR No.21529 of 2022 is rejected at the SR stage itself.

20.07.2022 Index : Yes / No Speaking Order : Yes / No

P.VELMURUGAN, J.

cp To The Principal District Judge, Pudukkottai.

in A.S (MD)SRNo.21529 of 2022 20.07.2022