Civil revision petition against an interlocutory order in a partition-related suit was called on twice; counsel reported no instructions and no petitioner appeared thereafter. The Madras High Court dismissed the revision petition for non-prosecution and closed the connected miscellaneous petition, with no costs.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 21.01.2025
CORAM
THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR
C.R.P.(MD)(PD)No.1099 of 2019 and C.M.P.(MD)No.6757 of 2019
1.Periyammal Kandasamy (Died) 2.Palaru 3.Thangavel 4.Navayee Ammal
5.Kadhirvel
6.Sakthivel ... Petitioners
-vs.-
1.Kathirvel 2.Sellam 3.Thangavel 4.Murugesan 5.Perumal
6.Nagulasamy 7.Pappayee W/o.Pitchaimuthu 8.Sumathi 9.Murugesan 10.Suresh 11.Saraswathi 12.Pappeyee w/o Balaji
________________ Page 1 of 4_
13.Natesan 14.Rasayee 15.Perumal
...Respondents
PRAYER : Civil Revision Petition is filed under Article 227 of Constitution of India to set aside fair order and decreetal order dated 03.08.2018 passed in I.A.No.649 of 2016 in O.S.No.564 of 2007 on the file of the Additional Munsif Court, Karur.
For Petitioners :No appearance
For R1, R2, R4 to R6 :Mr.S.Gokulraj *****
ORDER
When the matter was taken up for hearing on 03.01.2025, the learned
Counsel for the petitioners reported no instructions and that the Registry was directed to delete name of the learned Counsel for the petitioners and print the name of the petitioners and was further directed to list the matter today, ie., on 21.01.2025.
2.Today, ie., on 21.01.2025, the names of the petitioners are printed in the cause list and when the matter is taken up for hearing, none appears for the
Page 2 of 4
petitioners either in in person or through Pleader. Hence, this Court has no other option, but to dismiss this petition for non prosecution. Accordingly, this Civil Revision Petition is dismissed for non prosecution. No costs. Consequently, connected miscellaneous petition is closed.
21.01.2025
Internet :Yes/No NCC :Yes/No Index :Yes/No
cmr
To
The Additional Munsif, Karur.
________________ Page 3 of 4_
N.SENTHILKUMAR, J.
cmr
C.R.P.(MD)(PD)No.1099 of 2019
21.01.2025
________________ Page 4 of 4_
1 issue framed by the court
Whether the civil revision petition challenging the fair order in I.A.No.649 of 2016 should be adjudicated when petitioners did not appear for prosecution.
Periyammal Kandasamy (Died)
Palaru
Thangavel
Navayee Ammal
Kadhirvel
Sakthivel
N.Senthilkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
