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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.Velmurugan, K.Govindarajanthilakavadi, JJ
Rajesh M.Mehta – Appellant
Versus
Indumathi (Died) – Respondent
O.S.A.SR.No.204102 of 2025 | C.M.P.No. 3691 of 2026 | T.O.S.No.25 of 2011
| Table of Content |
|---|
| 1. court directed notice issuance, no service affidavit filed. (Para 1) |
| 2. late filing of affidavit not reflected in records. (Para 2) |
| 3. dismissal for lack of diligence in prosecution. (Para 3) |
(Judgment of the Court was delivered by P.VELMURUGAN, J.
It is seen from the records that this Court, by order dated
20.02.2026, directed issuance of notice through Court as well as privately, returnable by 19.03.2026. However, no Affidavit of Service has been filed within the stipulated time.
2. The learned counsel for the appellant/petitioner submitted that the Affidavit of Service has been filed before the Registry today (23.03.2026), however, it is not reflected in the records.
3. The conduct of the appellant/petitioner indicates lack of diligence in prosecuting the case. Hence, this Civil Miscellaneous Petition is dismissed for default. Consequently, the Original Side Appeal is rejected at the S.R.Stage itself.
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