Madras High CourtCMP(MD)/3468/2016dismissed for default

Ramaiyan v. Subramaniyan

2024-04-29Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Twenty Ninth day of April Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice G.ILANGOVAN C.M.P.(MD).Nos.3468 to 3470 of 2016 in RAMAIYAN ... PETITIONER/APPELLANT IN ALL TH PETITIONS Vs 1 SUBRAMANIYAN 2 THANGARAJU 3 SARASWATHI 4 KALIAMMAL(DIED) 5 SAMIYAPPAN 6 GNANAVEL 7 GNANASEKARAN (NO RELIEF IS CLAIMED AGAINST RESPONDENTS 5 TO 7) ... RESPONDENTS/RESPONDENTS IN ALL TH PETITIONS 1/3

8 RAMALINGAM ... RESPONDENT/PROPOSED LR OF RESPONDENTS 4 IN ALL TH PETITIONS 9 RAJANGAM ... RESPONDENT/PROPOSED LR OF RESPONDENT 4 IN ALL TH PETITIONS 10 RAMYA ... RESPONDENT/PROPOSED LR OF RESPONDENT 4 IN ALL TH PETITIONS Prayer in CMP(MD). 3468/ 2016 :

Civil Miscellaneous Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to condone the delay of 172 das in filing the petition to set aside the abatement of proceedings as against the respondent no.4 and thus render justice. Prayer in CMP(MD). 3469/ 2016 :

To set aside the abatement of proceedings as against the respondent No.4 and thus render justice.

Prayer in CMP(MD). 3470/ 2016 :

To permit the petitioner to implead respondents 8 to 10 as the L.R.S. of the 4th respondents 8 to 10 in M.P.No.1 of 2014 in S.A.SR(MD)No.10042 of 2015 and thus render justice.

Prayer in S.A.(MD).No.SR.10042 of 2014:

Pleased to call for the records and set aside the decree and judgment passed in A.S.No.7/2008 on the file of Sub Court, Pattukkottai dated 30-09-2008 confirming the decree and judgment passed in O.S.No.32/2003 on the file of District Munsif Court, Pattukkottai, dated 28-04-2006.

ORDER : This Civil Miscellaneous Petitions coming up for orders on this day, upon perusing the petitions and the affidavit filed in support thereof and upon hearing the arguments of Mr.D.R.MURUGESAN, Advocate for the Respondents No.1 to 3 in all the petitions and none appeared for the Petitioner side either in person or by an 2/3

advocate, the court made the following order:- There was no representation for the petitioner on 18.04.2024. Hence, the matter was ordered to be listed today under the caption for admission. Today also, there is no representation for the petitioner. Therefore, these petitions stand dismissed for default.

sd/- 29/04/2024 / TRUE COPY / /05/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

TM TO 1 THE SUBORDINATE JUDGE, PATTUKKOTTAI.

2 THE DISTRICT MUNSIF, PATTUKKOTTAI.

ORDER

IN C.M.P.(MD).Nos.3468 to 3470 of 2016 in Date :29/04/2024 SA/JGB/SAR. /16.05.2024/3P/3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 3/3