Two civil miscellaneous petitions filed seeking acceptance of cause title and recognition of a power agent in a review petition. The petitions were dismissed for non-prosecution as the petitioner did not appear and provided no representation on multiple listing dates.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CMP(MD) No.8902 and 8903 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )
Friday, the First day of March Two Thousand and Twenty Four
PRESENT
The Hon`ble Mr.Justice C.V.KARTHIKEYAN
CMP(MD) No.8902 and 8903 of 2023 in
REV APLC (MD)SR.No. 3648 of 2020
1 MOHAN
2 K.MUTHEESWARI
3 S.KALYANI
4 P.JAYANTHI
5 B.RADHIKA ...PETITIONERS/PETITIONERS
PETITIONERS 2 TO 5 REPRESENTED BY THEIR POWER AGENT 1st PETITIONER
Vs
1 MANIMUTHU SERVAI
2 KUNIJARATHAMMAL
3 ESWARAN
4 KALIMUTHU PILLAI
5 GOPAL PILLAI
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CMP(MD) No.8902 and 8903 of 2023
6 MUTHAMMAL
7 CHELLIYAN
8 PARI
9 BHARATHI
10 ARULMOLI
11 MAYANDI CHETTIAR (DIED)
12 PACIKYAM (DIED)
13 RAJESWARI
14 JEYARAMAN
15 MANJULA
16 SIVANANTHA PRABU
17 MINOR DEVI REPRESENTED BY HER MOTHER AND GUARDIAN RAJESWARI ...RESPONDENTS/RESPONDENTS
prayer in CMP(MD)NO. 8902 of 2023:
Civil Miscellaneous Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to accept the cause title in Review Petition SR No.3648 of 2020 on the file of this Honourable court and thus render justice.
Prayer in CMP(MD). 8903/ 2023 :
To recognize the 1st petitioner mohan as the power agent of 2 to 5 petitioners in Review Petition SR No.3648 of 2020 on the file of this Honourable court and thus render justice.
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CMP(MD) No.8902 and 8903 of 2023
Prayer in Rev.Aplc.(MD)No.Sr.No. 3648 of 2020:
Pleased to review the order passed in SA No. 25 of 1999 dated 02.11.2018.
Prayer in SA No. 25 of 1999:
The Second Appeal is filed under section 100 of CPC, to set aside the judgment and decree dated 13.08.1997 made in A.S.No. 158 of 1983 on the file of the Subordinate Court, Sivagangai, confirming the judgment and decree, dated 31.10.1983 made in O.S.No. 284 of 1981 on the file of the District Munsif Court, Manamadurai.
ORDER : These Civil Miscellaneous Petitions coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and the petitioner not appearing either in person or by an advocate and the Respondent not appearing either in person or by an advocate, the court made the following order:-
The matter has been listed on 01.12.2023, 19.12.2023, 24.01.2024 and 22.02.2024
and again today/ 01.03.2024 and on all the dates there has been no representation on behalf of the petitioner.
non prosecution since the petitioner/counsel for the petitioner are not interested in prosecuting the matter.
sd/-
01/03/2024 / TRUE COPY /
/03/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
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CMP(MD) No.8902 and 8903 of 2023
VSG TO
2 THE DISTRICT MUNSIF MANAMADURAI.
ORDER IN CMP(MD) No.8902 and 8903 of 2023 in REV APLC (MD)SR.No. 3648 of 2020 Date :01/03/2024
PKP/GS/SAR /15.03.2024/ 4P/ 3C
Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023
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Mohan
K. Mutheeswari
S. Kalyani
P. Jayanthi
B. Radhika
Manimuthu Servai
C.V. Karthikeyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
