A civil revision petition challenging an execution petition order, filed under Section 115 CPC, was dismissed for non-prosecution after counsel for the respondents furnished a death certificate showing the revision petitioner had died and no representative appeared.
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C.R.P.(NPD).No.2136 of 2017 and C.M.P. No.13613 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :07.03.2025
CORAM
THE HONOURABLE Mr.JUSTICE N.SENTHILKUMAR
C.R.P.(NPD).No.2136 of 2017 and C.M.P No.13613 of 2017
Mr.Venugopal
... Petitioner
-Vs1.Mrs.Krishnaveni 2.Mr.Sekar Venkatachalam (died) 3. Anbazhagan Ragavan (died)
...Respondents
Prayer: Civil Revision Petition filed under Section 115 of Civil Procedure Code praying to set aside the fair and decretal order dated 10.02.2017 in E.P.No.4 of 2014 in O.S.No.25 of 1986 on the file of the Court of Hon'ble District Munsif-cum-Judicial Magistrate, Uthiramerur Taluk.
For Petitioner : No Appearance For Respondents : M/s.K.Hariharan R.Thiripurasundari for R1 R2-Notice served R3-Dismissed vide Court order dated 10.02.2023 *****
O R D E R
C.R.P.(NPD).No.2136 of 2017 and C.M.P. No.13613 of 2017
Though the case was posted today under the caption “For Dismissal”, there is no representation for the petitioner. However, the learned counsel for the respondents submits that the revision petitioner Venugopal died on 28.08.2021. The death certificate is furnished by the learned counsel for the respondents, as the revision petitioner is no more and there is no representation for the petitioner also.
07.03.2025
Index: Yes/no Speaking Order: Yes/No NCC: Yes/No kmi
C.R.P.(NPD).No.2136 of 2017 and C.M.P. No.13613 of 2017
To
The District Munsif-cum-Judicial Magistrate, Uthiramerur Taluk.
C.R.P.(NPD).No.2136 of 2017 and C.M.P. No.13613 of 2017
N.SENTHILKUMAR, J.
kmi
C.R.P.(NPD).No.2136 of 2017 and C.M.P. No.13613 of 2017
07.03.2025
1 issue framed by the court
Should the civil revision petition be continued after the death of the revision petitioner and absence of representation?
1 provisions across 1 enactments
Venugopal
Krishnaveni
Sekar Venkatachalam
Anbazhagan Ragavan
N.Senthilkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
