Madras High CourtCMP(MD)/10159/2018dismissed for default

Simson, v. Rajkumar,

2024-04-24Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Twenty Fourth day of April Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice G.ILANGOVAN IN SA(MD) No.SR37625 of 2018 1 SIMSON, 2 VANITHA, ... PETITIONERS/APPELLANTS Vs RAJKUMAR, ... RESPONDENT/RESPONDENTS 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 40 days in preferring the Second Appeal against the Judgment and Decree passed by the Sub-Court, Srivilliputtur in A.S.No.64 of 2011 on 14.12.2017 in confirming the Judgment and Decree passed by the Principal District Munsif Court, Srivilliputtur in O.S.No. 141 of 2008 on 12.09.2007. PRAYER IN SA(MD) No.SR.37625 of 2018:

To set aside the judgment and decree passed by the Sub court, Srivilliputhurr in A.S.No. 64 of 2011 on 14.12.2017 confirming the judgment and Decree passed by the Principal District Munsif Court, Srivilliputhur in O.S.No. 141 of 2008 on 12.09.2011 and allow this second Appeal.

ORDER : This Civil Miscellaneous Petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and the petitioner and 1/3

the Respondent are not appearing either in person or by an advocate, the court made the following order:- On earlier hearing, the learned counsel for the petitioners/appellants, submitted that he had no instructions from his client. Hence, notice was ordered to the petitioners.

2.Court notice sent to the first petitioner was returned as first petitioner died. There is no representation for the Second petitioner and her name was also printed in the cause list. There is no representation for the respondent also. 3.In view of the above, this petition stands dismissed for default. sd/- 24/04/2024 / TRUE COPY / /04/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

TM TO THE SUBORDINATE JUDGE SRIVILLIPUTHUR.

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THE PRINCIPAL DISTRICT MUNSIF SRIVILLIPUTHUR.

ORDER

IN IN SA(MD) No.SR37625 of 2018 Date :24/04/2024 PKP/GS/SAR /30.04.2024/ 3P/ 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3