A civil revision petition under Article 226 of the Constitution of India was filed regarding a decree in an underlying suit. The petition was dismissed for non-prosecution as no counsel appeared before the Court on multiple hearing dates.
Civil Revision Petition dismissed for non-prosecution without costs.
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.
C.R.P.(PD)No.3643 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.01.2022
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
C.R.P.(PD)No.3643 of 2016
1.K.Ambigapathy
2.S.Gowri
3.Karunakaran .. Petitioners
Vs.
1.K.Subha
2.K.Gomathy 3.K.Kannan
4.A.Shanta
5.K.Nirmala
6.The Tamil Nadu Slum Clearance Board Represented by its Chairman Kamarajar Salai Chennai-600 005. .. Respondents
PRAYER: Civil Revision Petition filed under Article 227 of the
Constitution of India against the fair and decretal order dated 24.08.2016
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C.R.P.(PD)No.3643 of 2016
made in I.A.No.1924 of 2016 in O.S.No.5743 of 2012 on the file of the
XIII Assistant City Civil Court, Chennai.
For Petitioners : No appearance For R4 : No appearance For R6 : Mr.R.Sivakumar
ORDER
(The matter is heard through “Video Conferencing”)
The learned counsel appearing for the 6th respondent submitted that the suit in O.S.No.5743 of 2012 itself has been decreed on 26.02.2018 and hence, nothing survives in the Civil Revision Petition.
2.When the matter was taken up for hearing on 12.01.2022, there
was no representation on behalf of the petitioners. Subsequently, the matter was directed to be posted on 21.01.2022. On 21.01.2022, when the matter was taken up for hearing, again there was no representation on behalf of the petitioners. Hence, the matter was directed to be posted today i.e., 25.01.2022 under the caption 'for dismissal'. Even today, there is no representation on behalf of the petitioners. Therefore, the Civil 2/4
C.R.P.(PD)No.3643 of 2016
Revision Petition is dismissed for non-prosecution. No costs.
25.01.2022
kj
To
XIII Assistant Judge City Civil Court, Chennai.
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C.R.P.(PD)No.3643 of 2016
V.M.VELUMANI, J.
kj
C.R.P.(PD)No.3643 of 2016
25.01.2022
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2 issues framed by the court
Whether the Civil Revision Petition filed under Article 226 should be allowed or dismissed given the absence of the petitioners' counsel at hearing.
Whether the underlying suit has been decreed, rendering the revision petition abortive.
1 provisions across 1 enactments
K.Ambigapathy
S.Gowri
Karunakaran
The Tamil Nadu Slum Clearance Board
V.M.Velumni
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
