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Madras High CourtCMP(MD)/13091/2023dismissed for nonprosecution

Chellammal (Died) Subbiah v. Induletchumi

2025-01-23Honourable Mrs Justice S.Srimathy3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Thursday,the Twenty Third day of January Two Thousand and Twenty Five PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY in SA(MD). No. 561 of 2014 Chellammal (Died) Subbiah .. Petitioners/Appellants Vs 1 Induletchumi 2 Soronkani ... Respondent/Respondent Prayer :- The civil miscellaneous petition to set aside the Dismissal for default order passed in the Second Appeal No.561 of 2014 on 25.10.2016 and restore the Appeal back to file to be proceeded further and pass such other or further orders as this Honourable Court.

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ORDER:- This civil miscellaneous petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and No Appearance for the Petitioner and of No Appearance, for the respondent, this Court made the following order:

The Second Appeal in S.A(MD)No.561 of 2014 was already dismissed vide Order of this Court, dated 25.10.2016. The present Petiiton is filed to set aside the dismissal for default order passed in the Second Appeal and restore the same on file.

2. Today (i.e. on 23.01.2025) when the matter is taken up for hearing, the Learned Counsel appearing for the appellant represented 'no instructions'.

3. Accordingly, this Civil Miscellaneous Petition is also dimissed for Nonprosecution. No Costs. Sd/- Assistant Registrar (CS-III ) // True Copy // /02/2025 Sub Assistant Registrar (CS- I, II, III, IV) 2/3

KSA Copy to:

The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai +1 CC to M/s. M.R. Boobalan, Advocate (SR-4044 [F] dated 23/01/2025) ORDER DATED : 23/01/2025 ==========================

ORDER

========================== VN (05/02/2025) 3 P / 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 3/3