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Madras High CourtCRP/4060/2008dismissed as abated

V. Balakrishnan v. D. Jayapal

2023-02-08Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.02.2023

CORAM

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

D.Jayapal ... Respondent Prayer :- Civil Revision Petition filed under Section 115 of C.P.C., to set aside the order passed in I.A.No.135 of 2008 in O.S.No.77 of 2002 on the file of the Sub Court, Udumalpet, dated 11.08.2008. For Petitioner : Ms.P.Indumathi For Respondent : No appearance

ORDER

The Civil Revision Petition has been listed today under the caption "Default Cases" for non-compliance of the requirements of the Registry, including the payment of batta.

2.

The learned counsel appearing for the petitioner submitted that the sold petitioner died and hence she seeks time to implead the legal heirs of the deceased petitioner.

3.

It is seen that the sole petitioner died long back. Even then, the legal heirs of the deceased petitioner did not take any steps to implead themselves as parties to the present petition. 3.

Hence, the Civil Revision Petition stands dismissed as abated. However, the legal heirs of the deceased petitioner are at liberty to revive the present petition by filing petition to implead themselves as legal heirs of the deceased petitioner. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs.

08.02.2023 Internet : Yes Index : Yes/No Speaking order/Non-speaking order rts

To

1. The Subordinate Judge, Sub Court, Udumalpet.

G.K.ILANTHIRAIYAN, J.

rts and M.P.No.1 of 2008 08.02.2023