← Library
Madras High CourtCRP/3958/2008closed

S.Anthony v. Attu Muthayya Reddy

2021-02-12Honourable Mr Justice G.K. Ilanthiraiyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.02.2021

CORAM

THE HON'BLE Mr. JUSTICE G.K.ILANTHIRAIYAN and M.P.No.1 of 2008 S.Anthony ... Petitioner Vs.

1. Attu Muthappa Reddy

2. Velam Govinda Reddy

3. S.Gopal Reddy

4. Rajendran

5. Alamelu Ammal

6. Lakshmi

7. Radha

8. Kumar

9. Mani

10. Krishnamoorthy

11. Chellammal

12. Appavoo

13. Attu Vellakara Reddy

14. Mohan

15. Desappa Reddy

16. Sekhar

17. Velayudha Reddy

18. Ganesa Reddy

19. Velu Reddy

20. Arjuna Reddy

21. Munuswamy Reddy

22. Kuppammal

23. Arjuna Reddy

24. Subramani Reddy @ D.Mani

25. Dhuttu Subramani Reddy

26. Ammani Ammal

27. Attu Chinna Reddy

28. Chinnappa Reddy

29. Attu Periasamy Reddy

30. G.Krishna Reddy

31. Durai

32. Meenakshi

33. P.Vadivelu

34. Thalapathy K.Vinayakam Educational Trust, Represented by its President and Secretary Respectively

35. M.Krishna Reddy

36. Ma.Su.Dharman ... Respondents Prayer :- Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the fair and decretal order made in I.A.No.737 of 2005 in I.A.No.199 of 2004 in Thiruvallurvar O.S.No.178 of 2001 (O.S.No.55 of 1995 on the file of the Subordinate Judge, Kancheepuram) dated 15.12.2006 on the file of the District Munsif, Thirutani.

For Petitioner : Mr.Vasadha Thiagarajan For Respondents For R34 : Mr.S.Karthikeyan For R2,4,8,9,11 15,20,21,26 : No appearance

For R1,3,5,13, 18,22,24,25, 27, 28 & 31 : Died (Steps due) For R6,7,10,12, 14, 16, 17,19 23, 29,30, 32, 33 : Not ready in notice.

ORDER

This Civil Revision Petition is directed as against the fair and decretal order dated 15.12.2006 passed by the learned District Munsif, Thirutani in I.A.No.737 of 2005 in I.A.No.199 of 2004 in O.S.No.178 of 2001, thereby dismissing the petition filed by the petitioner to rehear the petition in IA.No.199 of 2004.

2.

The petitioner is the plaintiff and the respondents are the defendants in O.S.No.178 of 2001. After filing the suit, the petitioner failed to appear before the Court below as such, the suit was dismissed for default on 13.08.2003. Thereafter the petitioner filed an application in I.A.No.199 of 2004 to restore the suit and the said application was also dismissed on 05.11.2004 for default in payment of batta. Again the petitioner filed an application in I.A.No.737 of 2005 to restore the application in I.A.No.199

of 2004. The Court below dismissed the above application for the reason that though some of the respondents died, the petitioner did not take any steps to implead the legal heirs of the deceased respondent. Aggrieved by the said order the present Civil Revision Petition. 3.

The learned counsel appearing for the petitioner would submit that the suit is posted for arguments and the legal heirs of the deceased respondents were impleaded as defendants in the main suit. 4.

Recording the said submission, this Civil Revision Petition is closed. There shall be no order as to costs. Consequently connected miscellaneous petition is closed.

12.02.2021 Internet : Yes Index : Yes/No Speaking order/Non-speaking order rts

To

1. The District Munsif, Thirutani.

2. The Section Officer, V.R. Section, Madras High Court, Chennai.

G.K.ILANTHIRAIYAN, J.

rts and M.P.No.1 of 2008 12.02.2021