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Kandasamy Vs K.Shanmugam — Civil Procedure and Limitation | Madras HC (2018)

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Madras HC
2018
Kandasamy Vs K.ShanmugamKandasamy v. K.Shanmugam

Dismissed

Kandasamy v. K.Shanmugam

Madras HC12 Dec 2018CRP/23/2015

Case brief

AI extract

What is this about?

Default dismissal order for failure to pursue a Civil Revision Petition pending since 2015 due to repeated delays by petitioners.

What did the court decide?

Civil Revision Petition dismissed for default; connected Miscellaneous Petition closed.

What the court decided

AI extract

A

1

IN THE HIGH COURT OF JUDICATURE OF MADRAS

DATED: 12.12.2018

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH

C.R.P. (PD) No. 23 of 2015
and
M.P. No. 1 of 2015
1. Kandasamy
2. Muthusamy
3. Velusamy ...Petitioners
Vs
1. K.Shanmugam
2. The Commissioner,
Municipality, Namakkal.
3. Palanivel ...Respondents

PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India to set aside the fair and decreetal order of the learned Principal District Munsif, Namakkal in I.A.No.620 of 2013 in O.S.No.119 of 2013 dated 15.04.2014.

For Petitioners : Mr.S.Victor Prasath for P1 and P2 For Respondents : Mr.M.Raja Mathivanan for R2 Mr.T.Dhanyakumar for R3 No Appearance for R1

http://www.judis.nic.in

2

O R D E R

Parties & counsel

AI extract

petitioner
Kandasamy
petitioner
Muthusamy
petitioner
Velusamy
respondent
K.Shanmugam
respondent
The Commissioner, Municipality, Namakkal
respondent

Case details

As recorded by the court registry

Court: Madras HC
Decided on: 12 Dec 2018 · December
Registered: 6 Jan 2015
Case no.: CRP/23/2015

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Cite this judgement

Kandasamy v. K.Shanmugam, CRP/23/2015 (MAD), decided on 12 December 2018.

The Madras High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

M.S. RAMESH

Parties & counsel

Outcome

Civil Revision Petition dismissed for default; connected Miscellaneous Petition closed.

Detailed headnote1 paragraphs

The petitioners, having been granted time on multiple occasions, failed to proceed with the Civil Revision Petition pending since 2015. The Court dismissed the petition for default and closed the connected Miscellaneous Petition, citing that continued pendency would inconvenience trial court proceedings.

A compact analysis

This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.

The petitioners were granted time on the last three occasions for getting along with the matter. In the last occasion, when the matter was listed on 01.10.2018, the petitioners sought time to take steps for the 3^rd petitioner, who is reported to have expired. Even today, the petitioners

seek further time.

Since the Civil Revision Petition is pending from the year 2015 onwards, I am of the view that the pendency could cause further

inconvenience to the proceedings before the trial Court.

petitioners having failed to make use of those opportunities, the Civil Revision Petition is dismissed for default. No costs. Consequently, connected Miscellaneous Petition is closed.

12.12.2018

Index:Yes/No

Speaking order: Yes/No

http://www.judis.nic.in hvk

3

M.S.RAMESH.,J

hvk

C.R.P. (PD) No. 23 of 2015
and
M.P. No. 1 of 2015

12.12.2018

http://www.judis.nic.in

Palanivel

Coram

AI extract

M.S. RAMESH

CNR

HCMA010271402015

Topic

Civil Procedure and Limitation

Bench

Disposal

DISMISSED

12 Dec 2018

R.Govindarajan Vs Venkatesan

12 Dec 2018