Indian Bank v. Tmt.K.Shyamala

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.02.2019

CORAM

THE HONOURABLE THIRU JUSTICE M. DURAISWAMY C.R.P.(NPD)No.1959 of 2008 Indian Bank Kilpauk Branch Chennai - 600 010 ... Petitioner v.

1. Tmt.K.Shyamala

2. M.Viswanathan ... Respondents Civil Revision Petition filed under section 115 of the Code of Civil Procedure, top set aside the fair and decreetal order dated 17.09.2007 passed in I.A.No.13383 of 2004 in O.S.No.2143 of 2002 by the III Additional Judge, City Civil Court, Chennai.

For petitioner : No Appearance For Respondents : Not Ready in Notice - R1 No Appearance - for R2

O R D E R

When the matter was listed for hearing on 12.11.2018, Mr.K.T.Sankar Subramanian, representing M/s.King & Partridge, appearing for the petitioner submitted that they already given change of Vakalat and handed over the papers to the petitioner-bank four years ago. In these circumstances, the Registry was directed to verify any counsel had entered appearance for the petitioner-bank. On verification, the Registry had informed that no counsel had entered appearance for the petitioner. Hence, this court directed the Registry to list the matter on 13.11.2018 by printing the name of the petitioner-Bank. However, on 13.11.2018, none appeared for the respondent-bank. Hence, the Registry was directed to list the matter under the caption "for dismissal" on the next single sitting day. Accordingly, the matter has been listed today under the caption "for dismissal". Today also, there is no representation for the petitioner. Hence, this court has no other option except to dismiss the Civil Revision Petition for non prosecution. Accordingly, the Civil Revision Petition is

dismissed for non prosecution. No costs.

11.02.2019 Index : Yes/No Rj To III Additional Judge City Civil Court Chennai.

M. DURAISWAMY,J.,

Rj C.R.P.(NPD)No.1959 of 2008 11.02.2019