Gopalakrishna Konar (Died) v. Paramuthu Konar(Died)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Wednesday, the Fourteenth day of June Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice P.VELMURUGAN in S.A.No.2088 of 2001 Gopalakrishna Konar (Died) ....Appellant

¶2Avudaiyammal,

¶3G.Manivanna,

¶4G.Balasubramanian,

¶5Sai Lakshmi,

¶6G.Andal,

¶7G.Venkatesh,

¶8G.Krishnaveni, ... Petitioners 2 to 8 /Proposed Appellants 2 to 8 (Legal representatives of the the deceased sloe Appellant) in CMP(MD). 5656/ 2016 Vs 1 Paramuthu Konar(Died) .. Deceased/Respondent (Died)

2 P.L.Krishnammal,

3 P.Venkatesh,

4 Uchimahali, 5 Andal, D/o.Paramuthu Konar,

6 Lakshmi Ammal,

7 Minor P.Maharajan, ...Respondents 2 to 7/Proposed Respondents 2 to 7 (Legal representatives of the deceased sloe Respondent )

8 G.Sankara Narayanan

... 8thRespondent/Proposed 8th respondent (Legal representatives of the the deceased sloe Appellant) Prayer :- This Petition filed under Order 41 Rule 19 of C.P.C to restore the second Appeal in S.A.No.2088/2001,which is dismissed for non prosecution on 10.03.2016. Prayer in S.A.No.2088/2001 :- Appeal filed under section 100 of C.P.C against the judgment and decree made in A.S.NO. 38 of 2001 dated 05.10.2001 on the file of the Principal Subordinate Judge, Tirunelveli reversing the judgment and decree made in O,S.No.697 of 1992 dated 25.10.2000 on the file of the District Munsif Court Tirunelveli. ORDER:- This Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and this Court made the following order: This application is filed to set aside the dismissal order passed by this Court, dated 10.03.2016 and to restore the appeal.

2.It is represented that the counsel on record appearing for the petitioner died and therefore, Mr.T.Selvan, learned counsel undertooks to file the vakalat, but sofar he has not filed any vakalat. Cause list also indicates that notice also not taken for R2 to R4 and R6 & R7 and batta also not paid, therefore this petition is dismissed for default. No costs. Sd/- Assistant Registrar (CS-III) // True Copy // /07/2023 Sub Assistant Registrar(CS) AM CMP(MD).eNo.5656eofe2016

TO

¶1The Principal Subordinate Judge, Tirunelveli.

¶2The District Munsif, Tirunelveli. ORDER DATED : 14/06/2023 ========================== ORDER ========================== in S.A.No.2088 of 2001 SI(05.07.2023)3P/ 3C