Susai Arul v. Thanis Las
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.07.2025 CORAM :
THE HONOURABLE Mr. JUSTICE G.ARUL MURUGAN C.M.P(MD)Nos.1637 and 1638 of 2018 in S.A.(MD)No.SR18973 of 2008 Susai Arul ... Petitioner / Appellant Vs 1.Thanislas (died) 2.Arockiaraj 3.Arokisamy ... Respondents 2 and 3 / Respondents 2 and 3 4.Vedha Mary 5.Peter 6.Arul Prakasam ... Proposed respondents 4 to 6 / Respondents 4 to 6 Prayer in C.M.P(MD)No.1637 of 2018 : Civil Miscellaneous Petition is filed under Order IV Rule 9(4) of A.S., to condone the delay of 998 days in representation of CMP.SR(MD)No.15127 of 2015 in S.A.SR.(MD)No. 18973 of 2008.
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Prayer in C.M.P(MD)No.1638 of 2018 : Civil Miscellaneous Petition is filed under Order IV Rule 9(4) of A.S., to condone the delay of 2879 days in representation of MP(MD)No.1 of 2009 in S.A.SR.(MD)No. 18973 of 2008.
Prayer in S.A.No.SR18973 of 2008 : Second Appeal is filed under Section 100 of C.P.C., against the judgment and decree of the learned District Judge, Sivagangai, dated 10.04.2007 made in A.S.No.18 of 2007 confirming the judgment and decree, of the learned Principal District Munsif, Sivagangai, dated 22.09.2005 made in O.S.No.154 of 2003. For Petitioner : No appearance
ORDER
When these petitions were listed for hearing on 03.07.2025, there was no representation on the side of the petitioner. As such the petitions were directed to be listed for dismissal today. Even today(08.07.2025), when the petitions are listed under the caption for dismissal, there is no appearance on the side of the petitioner.
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2. It is to be noted that the Civil Miscellaneous Petitions are of the year 2018 and even after seven years, the petitioner is not ready to contest the petitions, which is evident that they are not interested in prosecuting the appeal.
3. Accordingly, these Civil Miscellaneous Petitions are dismissed and the Second Appeal is rejected at the SR stage itself. 08.07.2025 NCC :Yes/No Index :Yes/No Internet : Yes/ No pnn To
1. The District Judge, Sivagangai.
2. The Principal District Munsif, Sivagangai.
3. The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.
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G.ARUL MURUGAN, J.
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ORDER
IN C.M.P(MD)Nos.1637 and 1638 of 2018 in S.A.(MD)No.SR18973 of 2008 08.07.2025 4/4