Batchu Cenkata Ratnam, v. Sanaka Rajya Lakshmi,
HON'BLE SRI JUSTICE S. RAVI KUMAR CIVIL REVISION PETITION No.1154 of 2012 ORDER:
This revision is preferred challenging order dated 21.02.2012 in E.P.No.208 of 2007 in O.S.No.459 of 2004 on the file of Principal Junior Civil Judge, Avanigadda.
2. When this matter has come up on 05.02.2016, advocate for revision petitioner sought time till this date to ascertain the stage of petition filed by revision petitioner herein before Court below to set aside the ex parte decree on the basis of which execution proceedings are initiated.
3. When this matter is taken up today, Smt B. Rajya Lakshmi, advocate representing for advocate for revision petitioner, represented that she has no knowledge of the submission made earlier and according to her instructions, petitioner is no more and she is not aware of the details of death.
When counsel is making representation on instructions she should collect the particulars of date of death etc and cannot represent casually when adjournment is taken on the previous date of hearing for specific purpose counsel is expecting to get that information but today contra representation is made with which I am not convinced.
4. For the above reasons, I am of the view that petitioner is not interested in prosecuting the case, and it
is liable to be dismissed for non-prosecution.
5. Hence, this Civil Revision Petition is dismissed for non-prosecution. No costs. Miscellaneous petitions, if any pending, in this revision shall stand closed. __________________ S. RAVI KUMAR, J Date: 12-02-2016.
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