Krishnapillai vs Jayarani
2021 Latest Caselaw 13043 Mad

                                                                              C.M.P.No.1153 of 2020 in
                                                                            S.A (SR) No.100134 of 2019




                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                                 Dated : 02.07.2021
                                                       Coram
                                    THE HONOURABLE MR. JUSTICE M.SUNDAR


                                              C.M.P.No.1153 of 2020 in
                                             S.A (SR) No.100134 of 2019


                  Krishnapillai                                       .. Appellant


                                                         Vs.


                  Jayarani                                            .. Respondent

                            Civil Miscellaneous Petition filed under Order XLI Rule 3(a) read
                  with Order XLII Rule 1 of CPC to condone the delay of 3434 days in filing
                  the above appeal before this Court preferred against the judgment and decree
                  dated 9.11.2009 passed in A.S.No.95 of 2009 on the file of learned Principal
                  District Munsif, Villupuram.

                            For Appellants         :     Mr.V.Vadivel


                            For Respondent         :     Mr.T.Gandhi




                  1/4
https://www.mhc.tn.gov.in/judis/
                                                                                        C.M.P.No.1153 of 2020 in
                                                                                      S.A (SR) No.100134 of 2019




                                                            ORDER

Read this in conjunction with and in continuation of earlier proceedings

dated 30.06.2021, which reads as follows:

'Mr.T.Gandhi, learned counsel for sole respondent is before this Virtual Court, but there is no representation for the petitioner.

2. With the intention of giving opportunity to petitioner's counsel, list this matter day after tomorrow i.e., on 02.07.2021.'

2. The position is no different today. In other words, Mr.T.Gandhi, learned

counsel for respondent is before this Court, but there is no representation for the

petitioner today also.

3.Mr.T.Gandhi, learned counsel for sole respondent submits that petitioner

(Krishnapillai) is no more and his date of demise is 10.01.2020. In the light of there

being no representation for the petitioner for two consecutive hearings and in the

light of the respondent asserting that the petitioner is no more with specificity

giving the date of demise, it comes to light that the petitioner is not interested in

pursuing the matter.

https://www.mhc.tn.gov.in/judis/ C.M.P.No.1153 of 2020 in S.A (SR) No.100134 of 2019

M.SUNDAR.J., gpa

Captioned CMP is dismissed for default. Consequently, S.A.SR.No.100134

of 2019 stands rejected. No costs.

02.07.2021

gpa

https://www.mhc.tn.gov.in/judis/ C.M.P.No.1153 of 2020 in S.A (SR) No.100134 of 2019

M.SUNDAR.J.,

gpa

C.M.P.No.1153 of 2020 in S.A (SR) No.100134 of 2019

02.07.2021

https://www.mhc.tn.gov.in/judis/