Muthulakshmi v. P.Gopal

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 29.04.2025

CORAM:

THE HON'BLE MR JUSTICE P.VADAMALAI C.M.P.(MD) No.18733 of 2024 in A.S.(MD)SR No.95524 of 2024 Muthulakshmi Through her Power Agent A.A.Giri ... Petitioner Vs.

1.P.Gopal P.Balan (Died) 2.R.Prabhu 3.K.Cholarajan 4.V.Manikandan 5.R.S.Ramesh Kumar ... Respondents Prayer in C.M.P.(MD)No.18733 of 2024 : Civil Miscellaneous Petition is filed under Section 5 of Limitation Act, praying to condone the delay of 172 days in filing the Appeal Suit against the judgment and decree, dated 04.03.2024, made in O.S.No.82 of 2016 on the file of the learned Additional District Judge, Dindigul.

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Prayer in A.S.(MD)SR No.95524 of 2024 : Appeal Suit is filed under Section 96 of the Code of Civil Procedure read with Order XLI Rule 1 of the Code of Civil Procedure against the judgment and decree, dated 04.03.2024, made in O.S.No.82 of 2016 on the file of the learned Additional District Judge, Dindigul.

For Petitioner : No Appearance For R1 : Mr.N.S.Karthikeyan R2 : Died R3 to R5 : No Appearance

O R D E R

Today, this matter has been listed under the caption "for dismissal".

2. When the matter is taken up for hearing, there is no representation for the petitioner. The learned counsel for the 1st respondent is present before this Court.

3. Even on the earlier occasion i.e. on 23.04.2025, there was no representation for the petitioner.

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4. Being left with no other option, this Civil Miscellaneous Petition is dismissed for default. Consequently, the connected Appeal Suit in A.S. (MD)SR No.95524 of 2024 is rejected at the stage of SR itself. 29.04.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No mkn 3/4

P.VADAMALAI, J.

mkn To 1.The Additional District Court, Dindigul.

2.The Section Officer, Vernacular Records, Madurai Bench of Madras High Court, Madurai C.M.P(MD)No.18733 of 2024 in A.S.(MD)SR No.95524 of 2024 29.04.2025 4/4