Madras High CourtCMP(MD)/8826/2016dismissed

Duraisamy, v. Karuthakannu (Died)

2023-06-30Honourable Mr Justice P. Velmurugan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Thirtieth day of June Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice P.VELMURUGAN IN SA(MD) No.968 of 2007 DURAISAMY, ... PETITIONER/1st APPELLANT Vs KARUTHAKANNU (DIED) 1 RAJU 2 CHINNAPPAN, NALLAMMAL(DIED) 3 NALLAMMAL W/O.MUTHUSAMY 4 SIRUMBAYEE, 5 MAHESWARI @ MATHI, 6 MALINI (MINOR) REP. BY HER MOTHER AND GUARDIAN MAHESWARI, 7 MAHALAKSHMI (MINOR) ... RESPONDENTS No.1 TO 7/APPELLANTS 2 TO 8 REP. BY HER MOTHER & GUARDIAN MAHESWARI, (NO RELIEF CLAIMED AGAINST THE RESPONDENTS No.1 TO 7 HENCE NOTICE MAY BE GIVEN UP) 8 RAJU @ ADAIKKAN, 9 SANGAPILLAI 10 PERIASAMY, 11 PONNAN @ PONNUSAMY, 1/3

12 DURAISAMY, 13 ADAIKKAMMAL, 14 CHINNAMMAL 15 PANDIAMMAL, ... RESPONDENTS No.8 TO 15/RESPONDENTS No.1 TO 8 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 379 days in filing the said Restoration Petition in C.M.P.S.R (MD)No.35747 of 2016. Prayer in SA(MD). 968/ 2007 :

The appellants above named beg to prefer this memorandum of SA against the Judgment and Decree of the learned Sub Judge, Pudukottai, dated 23/10/2003 passed in AS.46/2000 allowing the appeal and reversing the Judgment and Decree of the District Munsif Court, Keeranur in OS.687/1995 dated 02/02/2000. ORDER : This petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of not appeared for petitioner in person or through by an Advocate, the Court made the following order:- Order of this Court dated 21.06.2023 has not been complied with. Hence, this petition is dismissed.

sd/- 30/06/2023 / TRUE COPY / /07/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

MBI TO THE SUBORDINATE JUDGE, PUDUKOTTAI.

THE DISTRICT MUNSIF, KEERANUR.

Copy to:

The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai.

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+1CC to M/s.G.SRIDHARAN, Advocate, SR-31782(F), dated 03.07.2023

ORDER

IN IN SA(MD) No.968 of 2007 Date :30/06/2023 ED/ /SAR- (08/07/2023) 3P 5C 3/3