Madras High CourtSA/345/2003dismissed as abated

R.Radhakrishnan, v. R.Senthilkumar,

2023-07-12Honourable Mr Justice P. Velmurugan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Wednesday, the Twelfth day of July Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice P.VELMURUGAN MP(MD)No.1 of 2008 in SA. No.345 of 2003 R.Krishnaveni ... Petitioner/7th Respondent Vs Radhakrishnan ...Appellant/Deceased 1 R.Senthilkumar, 2 R.Arumugam (Insane), 3 R.Srinivasan 4 R.Dharmarajan 5 R.Veeramani 6 Tmt.Dhanalakshmi 7 Minor Sumathy 8 Lalitha ... Respondents/Respondents 1/4

Prayer in MP(MD) No.1 of 2008:- This Civil Miscellaneous Petition is filed under section 151 of C.P.C.,to transpose the petitioner herein who is the 7th respondent in the Second Appeal in SA No.345 of 2003 as the Appellant in the above Second Appeal. Prayer in SA No.345 of 2003:- This Second Appeal is filed under section 100 C.P.C.,to prefer this Memorandum of grounds of Second Appeal against the judgment and decree dated 28/08/2000 in AS No.83/1998 on the file of the Principal District Judge, Thanjavur, confirming the judgment and decree dated 24/07/1997 made in O.S No.130/1990 on the file of the Sub-Court, Pattukottai.

ORDER:- This Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and for the petitioner and the Respondent none appeared either in person or by an Advocate, this Court made the following order:

This petition has been filed to transpose the petitioner, who is the 7th respondent in the appeal as the appellant in the appeal. 2/4

2. This petition was filed in the year 2008. Till date, it is pending. The petitioner has not shown any interest to proceed further with the petition or the appeal. Simply she has thrown one petition before the Registry and after getting it numbered, she has not bothered about the same. Already sufficient opportunity has been given to the petitioner. Since the petitioner has not come forward to proceed with the petition, this petition is dismissed for default with cost of Rs.1,00,000/- (Rupees One Lakh only) payable by the petitioner before the Registry to the credit of M.P(MD)No.1 of 2008 in S.A.No.345 of 2003. In case, the petitioner files any application to restore the Miscellaneous Petition, Registry is directed not to take the application on file unless the petitioner deposits the cost imposed by this Court. Sd/- Assistant Registrar() // True Copy // /08/2023 Sub Assistant Registrar(CS) TO 1.THE PRINCIPAL DISTRICT JUDGE, THANJAVUR.

2.THE SUBORDINATE JUDGE , PATTUKOTTAI.

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COPY TO 1.THE REGISTRAR(JUDICIAL), MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

2 THE SUB ASSISTANT REGISTRAR, AE SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

3 THE SECTION OFFICER, ACCOUNTS SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE SECTION OFFICER, JUDICIAL SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

5 THE SECTION OFFICER, VR SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. (2 Copies) ORDER DATED : 12/07/2023 ==========================

ORDER

========================== MP(MD)No.1 of 2008 in SA. No.345 of 2003 Giving direction and etc.

as stated within.

MK/16.08.2023 4P 9C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4