M.Rani, v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Thursday, the Tenth day of March Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice B.PUGALENDHI MP(MD)No.2 of 2011 in Rev.Aplc(MD)No.9 of 2011 Raman ... Petitioner/Petitioner/Appellant Vs 1.Karuppaiah 2.Kalimuthu 3.The Tahsildar Devakkottai.

4.The Block Development Officer, Union Office, Devakkottai.

5.The District Collector, Sivaganga District, Sivaganga.

6.Puliyal Panchayat Rep. By its President Mr.Joseph, Puliyal South Street, Puliyal, Devakkottai Taluk, Sivaganga District.

... Respondents/Respondents/ Respondents Prayer in MP(MD)No.2 of 2011 :- Civil Miscellaneous Petition is filed under Order 9, Rule 9 of C.P.C., to restore the Review Petition (MD)No.9 of 2011 dismissed for default on 17.06.2011. Prayer in Rev.Aplc(MD)No.9 of 2011:- Review Application filed under Section 114 r/w order 47 C.P.C., against the Judgment and Decree dated 12.08.2010 in S.A.(MD)No.1022 of 2009 on the file of the Madurai Bench of Madras High Court, Madurai.

Prayer in SA(MD)No.1022 of 2009:- Second Appeal filed under Section 100 of Code of Civil Procedure, against the Judgment and Decree dated 29.08.2006 in A.S.No.83 of 2005 on the file of the Subordinate Judge, Devakottai confirming the Judgment and Decree dated 1/3

01.04.2005 in O.S.No.181 of 2004 on the file of the District Munsif, Devakottai.

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 upon hearing the arguments of Mr.R.Sundar Srinivasan, Advocate for the Petitioner and of Mr.D.Gandhiraj, Special Government Pleader, for the 3rd to 6th Respondents, this Court made the following order:- This petition is filed to restore the review application in Rev.Aplc(MD)No.9 of 2011, which was dismissed on 17.06.2011.

2. The second appeal in S.A.(MD)No.1022 of 2009 was dismissed on 12.08.2010. Thereafter, the appellant also filed a review application in Rev.Aplc(MD)No.9 of 2011. In the review application, the learned counsel appearing for the review petitioner/appellant filed a memo dated 08.01.2011 expressing his inability to continue to appear on behalf of the review petitioner and he withdrew his appearance on behalf of the review petitioner. Thereafter, the Review Application was dismissed on 17.06.2011. Therefore, the appellant has filed this petition to restore the review petition.

3. It is seen that the restoration petition has been filed in the month of July 2011 and notice was ordered by this Court on 25.08.2011. Thereafter, no steps were taken by the review petitioner either to serve notice on the respondents or to proceed with the restoration petition till 2022, which shows that the review petitioner is not interested in pursuing the matter. Therefore, the restoration petition is dismissed.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) TO 1.The Subordinate Judge, Devakottai.

2.The District Munsif, Devakottai.

2/3

Copy to:- 1.The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai.

2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

ORDER DATED : 10/03/2022 ==========================

ORDER

========================== MP(MD)No.2 of 2011 in Rev.Aplc(MD)No.9 of 2011 Giving direction and etc.

as stated within.

KB(23.03.2022) 3P 6C 3/3