Madras High CourtCMP(MD)/2016/2024dismissed for default

Vellaisamy Ambalam v. Chinnan Ambalam

2024-07-22Honourable Mr Justice S. Sounthar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Monday, the Twenty Second day of July Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice S.SOUNTHAR in SA No.152 of 2003 Vellaisamy Ambalam ... Petitioner/Appellant Vs 1 Chinnan Ambalam 2 Sonai Muni Ambalam ... Respondents/Respondents Prayer in CMP(MD). No.2016 of 2024 The Civil Miscellaneous Petition filed under order 41 Rule 19 r/w 151 of CPC to restore the S.A.No.152 of 2003 setting aside order of dismissal dated 02.09.2008. Prayerin SA No.152 of 2003:

Second Appeal filed under Section 100 of C.P.C., against the judgment and decree of the Additional District Judge, Dindigul , dated 29.12.2000 made in Appeal Suit No.59 of 1997 confirming the judgment and decree of the First Additional District Munsif, Dindigul , dated 09.12.1996 passed in O.S. No.1222 of 1992. 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 of Mr.G.Gomathi Sankar, Advocate for Mr.C.Ramasamy, Advocte for the 2nd Respondent and None having appeared for the Petitioner in person or by an 1/3

Advocate and of this Court made the following order: When the Petition is taken up for hearing on 12.07.2024 and 19.07.2024, there was no representation for the Petitioner. In order to give an opportunity to the Petitioner, the Registry was directed to list the matter under the caption ''for dismissal'' today.

2.Even today, there is no representation for the Petitioner. The learned counsel for the second respondent is present. Hence, the Civil Miscellaneous Petition is dismissed for default.

Sd/- Assistant Registrar (CS-II) // True Copy // /08/2024 Sub Assistant Registrar (CS-I, II, III, IV) Vsn TO 1.The Additional District Judge, Dindigul .

2. First Additional District Munsif, Dindigul.

+ 1 CC to Mr.P.Thirunavukarasan, AdvocateCA.Sr.No.36118/2024 2/3

ORDER DATED : 22/07/2024 ==========================

ORDER

========================== in SA No.152 OF 2003 Giving direction and etc.

as stated within.

RD(01/08/2024) 3P / 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 3/3