The Commissioner v. Sri Gomathi Sankar Cines

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.04.2024 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN C.M.P(MD)No.652 of 2016 in S.A.No.SR74938 of 2003 The Commissioner Sankarankovil Municipality Sankarankovil, Tirunelveli District.

... Petitioner / Appellant Vs Sri Gomathi Sankar Cines represented by its Proprietors 1.S.K.Sankara Subramanian 2.K.Arumugam ... Respondents Prayer in C.M.P(MD)No.652 of 2016 : Civil Miscellaneous Petition is filed under Section 5 of the Limitation Act to condone the delay of 3178 days in filing the application to set aside the order dated 05.03.2007, dismissing the second appeal for default made in C.M.P.No.11623 of 2003 in S.A.SR.No.74938 of 2003 on the file of this Court. 1/4

Prayer in S.A.No.SR74938 of 2003 : Second Appeal is filed under Section 100 of C.P.C., against the judgment and decree dated 22.04.2002 in A.S.No.24 of 2002 on the file of the Subordinate Judge, Sankarankoil, confirming the judgment and decree dated 14.12.2001 in O.S.No.174 of 1999 on the file of the Principal District Munsif, Sankarankovi1. For Petitioner : No appearance For Respondents : Mr.F.X.Eugene

ORDER

When the matter was taken up for hearing on 03.04.2024, there was no representation for the petitioner. Therefore, the case is posted today(23.04.2024), under the caption 'for dismissal'. Even today, there is no representation for the petitioner. This Court is not inclined to keep the matter pending any further.

2. Accordingly, this Miscellaneous Petition is dismissed for default and the Second Appeal is rejected at the SR stage itself. 23.04.2024 NCC :Yes/No Index :Yes/No Internet : Yes/ No pnn 2/4

To

1. The Subordinate Judge, Sankarankoil.

2. The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN, J.

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ORDER

IN C.M.P(MD)No.652 of 2016 in S.A.No.SR74938 of 2003 23.04.2024 4/4