Madras High CourtCMP(MD)/1597/2017dismissed for default

Poonusamy(Died) v. Periasamy Nayakar

2024-04-29Honourable Mr Justice G.Ilangovan4 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 IN SA(MD) No.SR45577 of 2016 POONUSAMY(DIED) PECHIAMMAL(DIED).

1.PONNAMMAL, RENGASAMY(DIED), PON ANJUR(DIED), SRINIVASAN(DIED), PERUMALNAYAKAR(DIED).

2 SEENIAMMAL 3 SUBBURAJ 4 DEVARAJ 5 VIJAYALAKSHMI 6 ANANTHAKUMAR 1/4

7 SUBBURAJ 8 VASANTHA 9 JAYALAKSHMI 10 SUMATHY ... PETITIONERS/APPELLANTS Vs 1 PERIASAMY NAYAKAR 2 PECHIRAJ 3 THULASIRAJ 4 RAVI 5 MAHARAJ 6 PECHIAMMAL 7 PREMA 8 AANDAL 9 NALLASAMY NAYAKAR 10 MINOR CHINNADURAI (MINOR R10 REP.BY THEIR GUARDIAN&FATHER R1) 11 RENGARAJ 12 U.NIRMALA ... RESPONDENTS/RESPONDENTS 2/4

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 6 days in filing the second appeal. PRAYER IN SA(MD) No.SR45577 of 2016:

To set aside the decree and judgment in A.S.No.114 of 2004 on the file of Second Additional District Judge, Thoothukudi dated 22.04.2016 in confirming the judgment and decree passed in O.S.No.384 of 1995 on the file of Sub-Judge, Thoothukudi dated 05.12.2002.

ORDER : This Civil Miscellaneous 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 M/S.P.PETHU RAJESH, Advocate for the Respondents and not appeared for the petitioner either in person or through by an advocate, the court made the following order:- The learned counsel on record earlier submitted that he has withdrawn his appearance, since there is no instructions from his client. So the matter was listed today. Today, there is no representation for the petitioner. The counsel for the respondent is present. In view of the above, this petition stands dismissed for default. sd/- 29/04/2024 / TRUE COPY / /05/2024 Sub-Assistant Registrar (CS -I/ II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE SECOND ADDITIONAL DISTRICT JUDGE, THOOTHUKUDI 3/4

2.THE SUBORDINATE JUDGE, THOOTHUKUDI

ORDER

IN IN SA(MD) No.SR45577 of 2016 Date :29/04/2024 RK/ED (15/05/2024) 4P / 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4