Madras High CourtCMP(MD)/2020/2021dismissed for nonprosecution

G.Navamani, v. R.Palaniyandi,

2022-01-21Honourable Mrs Justice V.Bhavani Subbaroyan3 pages

BEFORE MADURAI BENCH OF MADRAS HIGH COURT Friday, the Twenty Fist day of January Two Thousand and Twenty Two PRESENT The Hon`ble Mrs.Justice V.BHAVANI SUBBAROYAN CMP(MD).No.2020 of 2021 IN SA(MD).No.1080 of 2011 G.Navamani ...Appellant/Appellant/Plaintiff - Vs. - 1.R.Palaniyandi 2.R.Ragunathan (Now Died) 3.R.Shanmuganathan 4.R.Loganathan 5.P.Sathanantham ...1 to 5 Respondents/Respondents/Defendants 6.R.Devi 7.R.Hemavathi ...6 & 7 Respondents/ Porposed Respondents/Proposed Defendants Prayer in CMP(MD). 2020/ 2021 :

This Civil Miscellaneous Petition filed under Section 5 of Limitation Act, to Condone the Delay of 605 days in filing this petition to set aside the abatement caused due to the death of the 2nd defendant in this S.A.(MD).No.1080/2011. Prayer in 1080(MD). 157/ 2011 :

This Second Appeal filed Under Section 100 of Civil Procedure Code, to set aside the Judgment and decree dated 26/06/2009 made in A.S.No.68 of 2001 on the file of 1st Additional Subordinate Judge, Tiruchirappali confirming the judgment and decree dated 08/03/2001 made in O.S.No188 of 1995 on the file of District Munsif, Musiri.

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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 M/s. T.Shanmugam, Advocate for the Petitioner, the court made the following order:

When the matter is taken up for hearing on 12.01.2022, there is no representation on behalf of the petitioner, hence the matter is ordered to be posted under the caption ' for dismissal'.

2. Even today (21.01.2022) there is no representation on behalf of the petitioner, hence the matter is dismissed for non prosecution. Sd/- Assistant Registrar CS I // True Copy // /06/2025 Sub Assistant Registrar ( I / II / III / IV) Note: As per the Orders of the Joint Registrar(Judicial) dated : 03/06/2025, the above order is drafted for compliance, for CD purpose.

+ 1.c.c. To M/s. T.Shanmugam, Advocate (SR.No.5656 dated 28/04/2025) 2/3

ORDER DATED : 21.01.2022 ========================== FOR CD PURPOSE ========================== CMP(MD).No.2020 of 2021 IN SA(MD).No.1080 of 2011 Giving direction and etc.

as stated within.

jj/10.06.2025 3P/2C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3