BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Monday, the Nineteenth day of June Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice P.VELMURUGAN CMP(MD)No.10971 of 2022 in SA. No.1165 of 1998 Duraisamy Gounder ... Petitioner/Appellant Vs 1 Jayam 2 M.Baskar 3 M.Sumathi 4 M.Jeeva 5 M.Shanthi ... Respondents/Respondents Prayer in CMP(MD)No.10971 of 2022:- This Civil Miscellaneous Petition is filed under order 41 Rule 19 of C.P.C., to restore the Second Appeal in SA No.1165 of 1998 by setting aside the order of dismissal dated 23.02.2016 and decide the matter on merits. Prayer in SA. No.1165 of 1998:- to prefer this Memorandum of Grounds of Second Appeal against the Judgement and Decree passed by the District Judge, Trichirapalli in A.S.No.123/96 dt.24.12.97 allowing the appeal and dismissing the decree and Judgement passed by the Learned Subordinate Judge of Tiruchirapalli in O.S.No.748/89 dt.19.3.96. 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 Mr.C.Gopinaath, Advocate for the Petitioner, 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 appeal was listed and this Court asked the learned counsel for the appellant to argue the main appeal, he is not ready to argue the 1/2 https://www.mhc.tn.gov.in/judis main appeal. 4. The petitioner/appellant filed the petitions again and again only to protract the appeal. This is the third application. Since the appeal is of the year 1998, the appellant counsel is not ready to argue the matter. 5. Due to non-cooperation of the appellant, this Court is not inclined to restore the second appeal. Hence, this application is dismissed for non-cooperation of the appellant with costs of Rs.1,00,000/- (Rupees One Lakh only) payable by the appellant to the Registry. In case the appellant has filed any application to restore the appeal, Registry is directed not to take the application on file unless the appellant deposits the said amount imposed by this Court. Sd/- Assistant Registrar(CS-III) // True Copy // /07/2023 Sub Assistant Registrar(CS) TO 1.The District Judge, Trichirapalli 2.The Subordinate Judge, Tiruchirapalli Copy to: 1.The Sub Assistant Registrat MAIN AE Section, Madurai Bench of Madras High Court, Madurai 2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai 3. 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 7C 2/2 https://www.mhc.tn.gov.in/judis