The Madurai Bench dismissed a Civil Revision Petition filed by the legal heirs of a deceased sole petitioner for default, noting inaction. The petition was also partially abated against a deceased second respondent due to non-impleadment of its representatives.
Civil Revision Petition dismissed for default; abated as against the deceased second respondent.
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.
CRP(MD)No.1002 of 2014
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 16.02.2023
CORAM:
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
CRP(MD)No.1002 of 2014 and M.P(MD) No.1 of 2014
Krishnammal
... Petitioner
versus
10.A.Kavitha
CRP(MD)No.1002 of 2014
12.P.Sivalingam @ Siva
13.P.Paulthurai
14.P.Ponlekshmi 15.P.Retnammal ... Respondents
Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order passed in I.A.No.160 of 2013 in O.S.No.236 of 2008 on the file of II Additional District Munsif, Nagercoil.
For Petitioners : Mr.M.P.Senthil For R1 to R3 : Mr.P.Thiagarajan
ORDER
When the matter is called up for hearing, both the learned counsel for
the petitioner and the respondents 1 to 3 are present. The learned counsel for the petitioner has filed a memo dated 29.11.2021 stating that the sole petitioner, namely, Krishnammal, died on 24.08.2019 and the legal heirs of the deceased sole petitioner are already on record as respondents 12 to 15.
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CRP(MD)No.1002 of 2014
Therefore, no abatement will arise as against the petitioner. However, when the learned counsel for the petitioner contacted his clients to effect the same, they did not turn up.
3.Since the legal representatives of the deceased sole petitioner did not take any steps to conduct this civil Revision petition, the same is dismissed for default. No costs. Consequently, connected miscellaneous petition is closed.
16.02.2023
NCC : Yes/ No Index : Yes / No Internet : Yes / No cp
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CRP(MD)No.1002 of 2014
L.VICTORIA GOWRI,J.
cp
To
The II Additional District Munsif, Nagercoil.
CRP(MD)No.1002 of 2014 and M.P(MD) No.1 of 2014
16.02.2023
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Krishnammal's Legal Heirs
Paluvarnam
Rajalingam's Legal Representatives
Balakrishnan
A.Kavitha
L. VICTORIA GOWRI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
