BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTCivil Appellate JurisdictionMonday v. 1 Jayam 2 M.Baskar 3 M.Sumathi 4 M.Jeeva 5 M.Shanthi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTCivil Appellate JurisdictionMonday, the Nineteenth day of June Two Thousand and Twenty ThreePRESENTThe Hon`ble Mr.Justice P.VELMURUGANCMP(MD)No.10971 of 2022inSA. No.1165 of 1998 Duraisamy Gounder ... Petitioner/Appellant Vs 1 Jayam 2 M.Baskar 3 M.Sumathi 4 M.Jeeva 5 M.Shanthi ... Respondents/RespondentsPrayer in CMP(MD)No.10971 of 2022:- This Civil Miscellaneous Petition is filed under order 41Rule 19 of C.P.C., to restore the Second Appeal in SA No.1165 of1998 by setting aside the order of dismissal dated 23.02.2016 anddecide the matter on merits. Prayer in SA. No.1165 of 1998:-to prefer this Memorandum of Grounds of Second Appeal againstthe Judgement and Decree passed by the District Judge, Trichirapalli in A.S.No.123/96 dt.24.12.97 allowing the appeal anddismissing the decree and Judgement passed by the LearnedSubordinate Judge of Tiruchirapalli in O.S.No.748/89 dt.19.3.96.ORDER:- This Petition coming on for orders on this day and uponperusing the petition and the affidavit filed in support thereof andupon hearing the arguments of Mr.C.Gopinaath, Advocate for thePetitioner, this Court made the following order: This application has been filed to restore the second appeal, which was dismissed on 23.02.2016. 2. Already the second appeal was dismissed twice for non-prosecution. 3. Today also when the application to restore the second appealwas listed and this Court asked the learned counsel for theappellant to argue the main appeal, he is not ready to argue the1/2 https://www.mhc.tn.gov.in/judis main appeal. 4. The petitioner/appellant filed the petitions again and againonly to protract the appeal. This is the third application. Sincethe appeal is of the year 1998, the appellant counsel is not readyto argue the matter. 5. Due to non-cooperation of the appellant, this Court is notinclined to restore the second appeal. Hence, this application isdismissed for non-cooperation of the appellant with costs ofRs.1,00,000/- (Rupees One Lakh only) payable by the appellant to theRegistry. In case the appellant has filed any application torestore the appeal, Registry is directed not to take the applicationon file unless the appellant deposits the said amount imposed bythis Court. Sd/-Assistant Registrar(CS-III)// True Copy // /07/2023Sub Assistant Registrar(CS)TO1.The District Judge, Trichirapalli2.The Subordinate Judge, Tiruchirapalli Copy to:1.The Sub Assistant Registrat MAIN AE Section, Madurai Bench of Madras High Court, Madurai2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai3. The Registrar Judicial, Madurai Bench of Madras High Court, Madurai. ORDER DATED : 19/06/2023 ========================== ORDER ========================== CMP(MD)No.10971 of 2022 in SA. No.1165 of 1998 Giving direction and etc. as stated within. KB(05.07.2023) 2P 7C2/2