S.Krishnasamy v. E.N. Madheswaran
Case brief
What is this about?
This judicial note records the dismissal of a civil miscellaneous petition seeking restoration of a revision petition. The lower court had dismissed the original petition due to abatement following the death of the sole petitioner and non-resumption by legal heirs. The current order notes the petition but does not explicitly pronounce a final order on restoration within the provided text.
What the court decided
C.M.P.No. 14887 of 2021
in
C.R.P. No. 1444 of 2016
T.V. THAMILSELVI, J.
This Civil Miscellaneous Petition has been filed seeking to set aside the order dated 16.07.2021 dismissing the above Civil Revision Petition as abated.
- Mr.D.Shivakumaran, learned counsel for revision petitioner submitted that the sole petitioner died on 04.04.2021 and the letter sent by the counsel on record was also returned as he died. Subsequently, on receipt of information from lower court counsel, the legal heirs of petitioner came to know about the pendency of C.R.P. and the same was dismissed as abated. Thereafter, they have furnished the particulars of legal heirs. Now, he has filed the above petition to restore the above C.R.P.
- Considering the facts and circumstances, and being satisfied with the reasons assigned in the affidavit filed in support of the petition, this Court is inclined to allow this petition and to restore the Civil Revision Petition.
01.11.2022
rpp
Issues for consideration
1 issue framed by the court
Whether the Civil Revision Petition should be restored after the death of the sole petitioner and subsequent intimation of legal heirs?
Coram
T.V. THAMILSELVI
Case details
As recorded by the court registry
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