Petitioners sought restoration of their restoration petition dismissed for default in a second appeal concerning property title. With no representation on two consecutive hearing dates, the court held the petitioners were not interested in prosecution and dismissed the petition for non-prosecution.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Civil Appellate Jurisdiction
Thursday, the Twelfth day of December Two Thousand and Twenty Four
PRESENT
The HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY
CMP(MD). No.14736 of 2024
in C.M.P.No.14726 of 2023 in SA(MD).No.502 of 2022
1.Sivaraj, 2.Kanagaraj
... Petitioners/Petitioners/Appellants
Vs
4 Mohamed Assarudin,
... Respondents/Respondents/Respondents
Prayer in CMP(MD)No.14736 of 2024 :-
This Petition filed under Order 41 Rule 19 of C.P.C to set aside the order of dismissal of the Civil Miscellaneous petition in Cmp (MD).No.14726 of 2023 in S.A. (MD).No.502 of 2022 for no appearance dated 24-09-2024 and restore the same on the file of this Hon`ble court.
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Prayer in C.M.P.No.14726 of 2023 :-
This Petition file under section 5 of Limitation Act to delay of 99 days in filing a petition to set aside the dismissal order dated 31.03.2023 passed in S.A(MD). No.502 of 2022.
Prayer in SA(MD).No.502 of 2022 :-
Second Appeal filed under Section 100 of C.P.C to allow the second appeal setting aside the judgment and decree dated 28.03.2022 in A.S.No.71 of 2018 on the file of the Principal Subordinate Court Kumbakonam confirming the judgment and decree dated 09.07.2018 in O.S.No.3 of 2014 on the file of the Principal District Munsif Court Kumbakonam.
ORDER:- This 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 Mrs.C.Geetha, Advocate for the fourth respondent and no representation on behalf the petitioner, this Court made the following order:
When the matter was taken up for hearing on 05.12.2024, there was no representation for the petitioners. Hence, it was directed to be listed today.
the Second Appeal was also dismissed for non prosecution, due to the default on the part of the learned counsel for the appellants therein.
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Sd/Assistant Registrar(CO)
// True Copy //
/01/2025 Sub Assistant Registrar (CS – I/ II / III /IV)
TO 1.The Principal Subordinate Judge, Kumbakonam 2.The Principal District Munsif, Kumbakonam.
ORDER DATED : 12/12/2024 ========================== ORDER ========================== CMP(MD). No.14736 of 2024 in SA(MD).No.502 of 2022 Giving direction and etc. as stated within. MK/24.12.2024 3P/3C
Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023
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1 issue framed by the court
Should the CMP to restore the dismissal of the restoration petition be allowed despite continued non-appearance by the petitioners?
1 provisions across 1 enactments
Sivaraj
Kanagaraj
Shanthi
Chitra
Kamala
Mohamed Assarudin
Krishnan Ramasamy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
