Madras High CourtCMP(MD)/9958/2022dismissed for default

P.Jeyalakshmi, v. T.Kaliyaperumal

2024-03-18Honourable Mr Justice K.Murali Shankar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Monday, the Eighteenth day of March Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR in CRP(MD).No.2717 & 2718 of 2018 P.Jeyalakshmi, ... Petitioner/Petitioner in CMP(MD). No.9958 & 9960 of 2022 Vs T.Kaliyaperumal ... Respondent/Respondent CMP(MD). No.9958 & 9960 of 2022 Prayer :- Civil Miscellaneous Petition filed under section 151 of CPC to pass the order to set aside the order dated 30-08-2022 restore the CRP(MD).No.2717 of 2018 which was dismissed on 30-08-2022 by the Court .

Prayer in CMP(MD). 9960/ 2022 :

Civil Miscellaneous Petition filed under section 151 of CPC to pass the order to set aside the order dated 30-08-2022 restore the CRP(MD).No.2718 of 2018 which was dismissed on 30-08-2022 by the Court.

Common Prayer in CRP(MD).2717 & 2718/2018:- Civil Revision Petition filed under Article 227 of The Constitution of India to set aside the order of the learned District Munsif Lalgudi dated 18.07.2018 in I.A.No.242 & 243 /2018 respectively in RCOP.No.2/2012 and allow this Revision Petition. 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 and there is No Appearance for the Petitioner and of M/s. R.Sankar 1/3

Srinivasan,Advocate for the respondent, this Court made the following order: These Civil Miscellaneous Petitions have been filed seeking orders to set aside the order, dated 30.08.2022 and restore the C.R.P(MD)Nos.2717 and 2718 of 2018, which were dismissed on 30.08.2022.

2. When the matter was taken up for hearing on 14.08.2023, there was no representation for the petitioner and hence, the matter was adjourned to 18.08.2023 under the caption for dismissal. On 18.08.2023, the learned counsel for the petitioner has taken time to implead the legal heirs of the deceased respondent, at his request the matter was adjourned to 01.09.2023. Subsequently, after two hearings, there was no representation and hence, the matter was adjourned to 18.03.2024 under the caption for dismissal. Even today, (i.e.,18.03.2024), there is no representation for the petitioner.

3. Hence, these Civil Miscellaneous Petitions are dismissed for default. Sd/- Assistant Registrar( CS-I) // True Copy // /04/2024 Sub Assistant Registrar (CS-I/II/III/IV) Das 2/3

TO:

The District Munsif, Lalgudi.

Copy to:

The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai ORDER DATED : 18/03/2024 ==========================

ORDER

========================== CMP(MD).No.9958 & 9960 of 2022 in CRP(MD).No.2717 & 2718 of 2018 RD(29/04/2024) 3P/ 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023.

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