The Madurai Bench of the Madras High Court dismissed two civil revision petitions for non-prosecution. Counsel reported having no instructions as the petitioner was deceased and no legal heirs were available to continue the proceedings.
Civil revision petitions C.R.P.(PD)(MD).Nos.1014 & 1015 of 2011 are dismissed for non-prosecution with no costs awarded.
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passed in I.A.Nos.1118 of 2005 and 1225 of 2005 in O.S.No.36 of
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 19.08.2019
CORAM:
THE HONOURABLE MR.JUSTICE S.S. SUNDAR
C.R.P.(PD)(MD).Nos.1014 & 1015 of 2011
Antonysamy @ Ariharan .. Petitioner/Petitioner/ Plaintiff in both petitions
Vs.
Sundar .. Respondent/Respondent/Defendant in both petitions
Common Prayer: Civil Revision Petitions filed under Section 115 of the Code of Civil Procedure, against the fair and decreetal order passed in I.A.Nos.1118 of 2005 and 1225 of 2005 in O.S.No.36 of 2005 dated 06.09.2010 on the file of the Additional District Munsif Court, Tuticorin.
For Petitioner : Mr.R.Manimaran For Respondent : Mr.G.Prabhu Rajadurai (In both petitions)
COMMON ORDER
The learned counsel for the petitioner states that he has no instructions with regard to the particulars of the legal heirs of the deceased sole petitioner in both petitions.
2.The submission is only to report no instructions. The petitioner is no more and there is no purpose in serving notice to the petitioner again. This Court is therefore has no other option except dismiss these petitions for non prosecution.
3.Accordingly, these civil revision petitions are dismissed for non prosecution. No costs.
Sd/-
Assistant Registrar (w)
// True Copy //
Sub Assistant Registrar(CS)
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passed in I.A.Nos.1118 of 2005 and 1225 of 2005 in O.S.No.36 of
TM
To
The Additional District Munsif, Thoothukudi.
C.R.P.(PD)(MD).Nos.1014 & 1015 of 2011 19.08.2019
KM/(23.09.2019) 2P 2C
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1 issue framed by the court
Whether civil revision petitions must be dismissed when the petitioner has ceased to exist and no legal heirs are available to appear.
1 provisions across 1 enactments
Antonysamy @ Ariharan
Sundar
S.S. Sundar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
