Madras High CourtCMP(MD)/3689/2006dismissed

Ramaiah v. Thandiappan

2023-09-26Honourable Mr Justice Krishnan Ramasamy3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Twenty Sixth day of September Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice KRISHNAN RAMASAMY CMP(MD) No.3689 of 2006 IN C.M.P.S.R.No.110529 of 2001 IN SA NO.88 of 1998 1 RAMAIAH 2 JAYALAKSHMI 3 CHINNARAKKU ... PETITIONERS Vs 1 THANDIAPPAN 2 SAMUDRAM 3 MINOR SINGTHARASI 4 MINOR VASUKI 5 MINOR MUTHU NILA ... RESPONDENTS (Respondents 2 to 5 through the Court guardian M.Ashokkumar appointed as order dated lower court in I.H.61/97 dated 19/06/1997) Prayer:

Civil Miscellaneous petition filed under Order 41 Rule 19 of the Code of Civil Procedure to set aside the order dated 28.08.2002 in cmp.sr.no. 110529 of 2001 in the above second appeal and restore and hear the same and thus render justice.

Prayer in CMPSR No.110529 of 2001:

Civil Miscellaneous petition filed under section 151 of civil procedure code to restore the above Second Appeal which was dismissed on 23/11/2001 to the file of the Court.

Prayer in SA. 88/ 1998 :

This Second Appeal filed under Section 100 of Civil Procedure code to prefer this memorandum of second appeal against the Judgment and decree dated the 26th day of september 1997 made in AS.No.237 of 1995 on the file of the Principal District Judge, Kamarajar District at Srivilliputhur preferred against the Judgment and Decree dated 19.10.1995 made in O.S.No.188 of 1994 on the file of the Additional District Munsif, Srivilliputtur.

ORDER : This 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 No Appearance for the petitioner and No Appeara for the Respondents the court made the following order:- This petition has been filed to set aside the order dated 28.08.2002 in C.M.P.S.R.No.110529 of 2001 in the above appeal.

2. Though this petition is of the year 2006, there is no representation for the petitioners, which shows that the petitioners are not interested to proceed further with this petition.

3. In view of the same, this petition is dismissed for non-prosecution. Sd/- Assistant Registrar(CS III) // True Copy // /11/2023 Sub Assistant Registrar(CS) TO 1 The Principal District Judge, Kamarajar District st Srivilliputhur.

2 The Additional District Munsif, Srivilliputhur.

ORDER DATED : 26/09/2023 ----------------------------------------

ORDER

---------------------------------------- CMP(MD).NO.3689 OF 2006 IN CMP.SR.NO.110529 OF 2001 IN SA.NO.88 OF 1998 MGJ(06.11.2023) 3P 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023