P.Jaganathan v. Munuswamy Chettiar

C.M.P.No.13873 of 2004 in C.R.P.No.2457 of 1996 J.SATHYA NARAYANA PRASAD, J.

When the matter was taken up for hearing on 13.09.2023, it was reported that the learned counsel for the petitioner has died and the registry was directed to send a death memo to the petitioner. On 15.11.2023, this Court directed the registry to print the name of the petitioner in the cause list and list the case on 21.11.2023.

2. On 21.11.2023, this Court ordered notice to the petitioner, returnable by 05.12.2023, since the counsel for the petitioner has died and directed to list the case on 18.12.2023. Even on 18.12.2023, none represented the petitioner. Hence, registry was directed to list the case on 19.12.2023 under the caption "For Dismissal".

3. Today i.e., on 19.12.2023, when the matter was taken up for hearing, no representation was made on behalf of the petitioner. Hence, the matter was passed over and again called at 11.25 A.M., and that time also none represented the petitioner. Hence, it is clear and evident that the petitioner is not interested in prosecuting this case and this Court has no other option except to dismiss this Civil Miscellaneous Petition.

4. Accordingly, this Civil Miscellaneous Petition is dismissed for non prosecution.

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19.12.2023 vm J.SATHYA NARAYANA PRASAD, J.

vm C.M.P.No.13873 of 2004 in C.R.P.No.2457 of 1996 Page No.2 of 3

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