Sri Sithi Vinayagar Aalayam v. Duraisami Naidu (Died)
Case brief
What is this about?
Revision petitions dismissed for non-prosecution due to the petitioner's failure to appear before the court on the hearing date.
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C.R.P.(NPD) Nos.2988 and 2989 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.09.2021
CORAM
THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY
C.R.P.(NPD) Nos.2988 and 2989 of 2016
Sri Sithi Vinayagar Aalayam,
Arisiperiankuppam,
represented by Ramadoss Naidu,
S/o.Kuppusamy Naidu,
Pathirukuppam Post,
Cuddalore Taluk,
Cuddalore District. .. Petitioner in both C.R.Ps.
Versus
Duraisami Naidu (died)
1.Dhanam
2.Guber
3.Kala .. Respondents in both C.R.Ps.
Prayer in C.R.P.No.2988 of 2016: This Civil Revision Petition is filed under Section 115 of the Civil Procedure Code against the fair and decreetal order of the learned Principal District Munsif, Cuddalore allowing E.A.No.21 of 2013 in E.P.No.104 of 2013 in O.S.No.222 of 1989 by order dated 02.07.2016.
Prayer in C.R.P.No.2989 of 2016: This Civil Revision Petition is filed under Section 115 of the Civil Procedure Code against the fair and decreetal order of the learned Principal District Munsif, Cuddalore dismissing E.P.No.104 of 2013 in O.S.No.222 of 1989 by order dated 02.07.2016.
C.R.P.(NPD) Nos.2988 and 2989 of 2016
For Petitioner : No appearance in both C.R.Ps.
For Respondents 1 & 2: Served – No appearance in both C.R.Ps.
For Respondent 3 : Mr.N.A.Nissar Ahmed in both C.R.Ps.
COMMON ORDER
When the matter is taken up hearing, there is no representation on behalf of the petitioner either in person or through counsel.
submitted that the Execution Petition in E.P.No.104 of 2013 was filed by the Revision Petitioner to execute the decree. However, the said Execution Petition was dismissed on the ground that the revision petitioner has no locus standi to file the Execution Petition (E.P.),
since the Temple has been taken over by HR & CE Department and the fit person, who has been appointed to look after the affairs only has the right to file the Execution Petition.
C.R.P.(NPD) Nos.2988 and 2989 of 2016
prosecuting the case.
C.R.P.(NPD) Nos.2988 and 2989 of 2016
rsi
KRISHNAN RAMASAMY, J
C.R.P.(NPD) Nos.2988 and 2989 of 2016
03.09.2021
Sri Sithi Vinayagar Aalayam
Duraisami Naidu
Dhanam
Guber
Kala
Krishnan Ramasamy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court