Madras High CourtCMP(MD)/5980/2018dismissed for nonprosecution

K.Lakshmiammal, v. P.Annapushpam,

2019-04-12Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Friday, the Twelfth day of April Two Thousand and Nineteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CMP(MD) No.5980 of 2018 IN SA(MD) No.151 of 2013 1 K.LAKSHMIAMMAL 2 K.SORIMUTHU 3 K.RAMASUBBU 4 K.MURUGAN 5 K.VASANTHI 6 K.AMUTHUA 7 R.KALA 8 R.MUTHUKANI :Petitioners/Appellants 1 to 8 Vs.

1 P.ANNAPUSHPAM 2 K.PAPA @ PAPATHI AMMAL 3 D.INDIRA 4 M.LAKSHMI 5 R.CHELLAMAL 6 A.RANI @ ANNARANI 7 G.KALPANA, 8 V.CHOKKALINGAM 9 V.VAITHIALINGAM 10 V.CHIDAMBARAM :Respondents/Appellants 9 to 17 Prayer in CMP(MD). 5980/ 2018 :

Civil Miscellaneous Petition is filed under Section 5 of the limitation Act and Section 151 CPC to condone the delay of 536 days in preferring the restoration petition to restore the Second Appeal https://hcservices.ecourts.gov.in/hcservices/

in SA.(MD).No.151 of 2013.

Prayer in SA(MD). 151 of 2013 :

Second Appeal is filed under section 100 of the Civil Procedure Code against judgment and decree made in in A.S.No.3 of 2007 dated 04.03.2008 on the file of the Principal Subordinate Judge, Tenkasi confirming the Judgment and Decree in O.S.No.103 of 2002, dated 22.11.2006, on the file of the Additional District Munsif, Tenkasi.

ORDER:

This Petition is coming on for hearing on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.D.Nallathambi, Advocate for the respondent, this Court made the following order: "When the matter was taken up for hearing on 11.04.2019, there was no representation on behalf of the petitioners and hence, it was posted under the caption 'for dismissal'

Even today also there is no representation on behalf of the petitioners. Hence, the petition is dismissed for non- prosecution". Sd/- Assistant Registrar (CS III) // True Copy // Sub Assistant Registrar(CS ) TO:

1.THE PRINCIPAL SUBORDINATE JUDGE, TENKASI.

2.THE ADDITIONAL DISTRICT MUNSIF, TENKASI.

ORDER DATED :12/04/2019

ORDER

CMP(MD) No.5980 of 2018 IN SA(MD) No.151 of 2013 Giving direction and etc., as stated within.

https://hcservices.ecourts.gov.in/hcservices/ DS/ /SAR- (30.04.2019) 2P 3C