The Madras High Court dismissed a Civil Revision Petition for non-prosecution, noting the petitioner's absence despite the matter being listed for dismissal, while directing the lower court to dispose of the underlying suit.
Civil Revision Petition dismissed for non-prosecution; Lower Court directed to dispose of suit O.S.No.52 of 2015.
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.No.36 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.06.2023
CORAM:
The Hon'ble MR.JUSTICE SATHI KUMAR SUKUMARA KURUP
C.R.P.No.36 of 2021
Gandhiselvan ...Revision Petitioner/Petitioner/ Plaintiff
-Vs-
Pavayee (Deceased) 1.Nallammal 2.Valarmathi ...Respondents/Respondents/ Defendants
Prayer:- Civil Revision Petition filed under Section 115 of CPC, against the fair and final order dated 02.11.2020 in I.A.No.496 of 2018 in O.S.No.52 of 2015 on the file of the Additional District Munsif Court, Namakkal.
For Petitioner : No appearance For Respondents : Mr.R.Krishna Prasad for M/s.Sarvabhauman Associates
O R D E R
When the matter was earlier listed on 14.06.2023, there was no
representation for the Revision Petitioner. The learned Counsel for the Respondents was present in Court. Hence, this Court directed the Registry
1/4
C.R.P.No.36 of 2021
to list the matter under the caption ''For Dismissal'' on 21.06.2023.
2.Despite the matter is listed today, 21.06.2023 under the caption
''For Dismissal'', there is no representation for the Revision Petitioner. The learned Counsel for the Respondents is present in Court. Hence, this Court is left with no other option except to dismiss the Petition for non prosecution.
3.Therefore, the above Civil Revision Petition stands dismissed for
non-prosecution and this Court directs the learned Additional District
Munsif, Namakkal, to dispose of the suit in O.S.No.52 of 2015.
21.06.2023
cda Index : Yes/No Speaking/Non-speaking order
NOTE: Issue copy on 21.06.2023.
2/4
C.R.P.No.36 of 2021
To
The Additional District Munsif Court, Namakkal.
3/4
C.R.P.No.36 of 2021
SATHI KUMAR SUKUMARA KURUP, J.,
cda
C.R.P.No.36 of 2021
21.06.2023
4/4
1 provisions across 1 enactments
Gandhiselvan
Pavayee
Nallammal
Valarmathi
SATHI KUMAR SUKUMARA KURUP
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
