Madras High Court
Shanmugam Servai vs Selvi on 20 September, 2021
CMP(MD) No.1022 of 2017
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 20.09.2021
CORAM :
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA
CMP(MD) No.1022 of 2017
in S.A(MD)No.SR21441 of 2010
and
S.A(MD)No.SR21441 of 2010
Shanmugam Servai ..Petitioner/Appellant
Vs
Nagammal (died)
1.Selvi
2.Ganeshkumar
3.Subashini
4.Vaijeyanthi Mala
5.Sasikala
6.Saravanan
7.Muthubuvaneswari
8.Ilavarasi
1/6
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CMP(MD) No.1022 of 2017
9.Senthil
10.Dhanam
11.Raman
12.Pandiyan ...Respondents/Respondents
Prayer in C.M.P(MD)No.1022 of 2017:- Petition has been filed under
Section 5 of Limitation Act, to condone the delay of 2325 days in
representing the Second Appeal in S.A(MD)No.SR21441 of 2010.
Prayer in S.A(MD)No.SR21441 of 2010:- This Appeal Suit has been filed
under Section 100 of the Code of Civil Procedure, against the Judgment and
Decree, passed in A.S.No.6 of 2006 dated 30.09.2009, on the file of the
District Court, Sivagangai, confirming the Decree and Judgment made in
O.S.No.144 of 1994 dated 25.10.2004, on the file of the Subordinate Court,
Sivagangai.
For Petitioner : No Appearance
For Respondents : Mr.S.Srinivasa Raghavan-RR1 to 5, 7 to 11
2/6
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CMP(MD) No.1022 of 2017
ORDER
CMP(MD)No.1022 of 2017 has been filed by the petitioner/
appellant to condone the delay of 2325 days in representing the Second
Appeal in S.A(MD)No.SR21441 of 2010.
2. When the matter was taken up for hearing on 06.09.2021,
learned counsel appearing for the petitioner / appellant submitted that he has
already handed over the bundle to the parties and he sought time to file
necessary memo to that effect. This Court has also directed to intimate the
petitioner about the listing of the case today i.e. on 20.09.2021.
3. When the matter is taken up for hearing today i.e. on
20.09.2021, there is no representation on behalf of the petitioner either in
person or through Counsel.
4. The learned counsel appearing for the respondents would
submit that already the Execution Petition in E.P.No.23 of 2012 has been
filed and delivery has been effected as early as on 30.01.2017 and hence, the
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CMP(MD) No.1022 of 2017
second appeal has become infructuous and therefore, there is no question of
condonation of delay in representing the second appeal papers.
5. Considering the submission made by the learned counsel for
the respondent and also considering fact that the petitioner has not shown
any interest in prosecuting the Civil Miscellaneous Petition any further, this
Civil Miscellaneous Petition is dismissed for non-prosecution. No costs.
Accordingly, connected S.A(MD)No.SR21441 of 2010 is rejected, at the
S.R stage itself.
20.09.2021
RM
Index : Yes
Internet : Yes
Note : In view of the present lock down owing to
COVID-19 pandemic, a web copy of the order may
be utilized for official purposes, but, ensuring that
the copy of the order that is presented is the correct
copy, shall be the responsibility of the
advocate/litigant concerned.
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CMP(MD) No.1022 of 2017
To
1.The District Court,
Sivagangai,
2. The Subordinate Court,
Sivagangai.
https://www.mhc.tn.gov.in/judis/
CMP(MD) No.1022 of 2017
A.D.JAGADISH CHANDIRA, J.
RM
CMP(MD) No.1022 of 2017
in S.A(MD)No.SR21441 of 2010
and S.A(MD)No.SR21441 of 2010
20.09.2021
https://www.mhc.tn.gov.in/judis/
