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Madras High CourtCRP/2531/2009dismissed for nonprosecution

P. Elango v. Ssm Brothers Ltd

2019-11-27Honourable Mr Justice M.Duraiswamy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.11.2019

CORAM

THE HONOURABLE MR. JUSTICE M. DURAISWAMY C.R.P.(NPD) No.2531 of 2009 and M.P.No.1 of 2009 P. Elango ... Petitioner v.

1. S.S.M. Brothers Ltd., By Director, K.P.Rajahram L-68, R.K. Nagar, Mandaveli, Chennai - 28.

2. M.S. Kumanan

3. M.S.Mathivanan ... Respondents Civil Revision Petition filed under Article 227 of the Constitution of India against the order and decreetal order dated 09.07.2009 made in I.A.No.15852 of 2008 in o.S.no.4949 of 1998 on the file of the XII Assistant Judge, City Civil court, Chennai.

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For Petitioner : No Appearance For Respondents : No Appearance

O R D E R

When the matter was listed for hearing on 01.10.2019, it was brought to the notice of this Court that the learned counsel appearing for the petitioner had died. Therefore, the Registry was directed to send death memo to the petitioner returnable on 16.10.2019. Accordingly, the death memo was sent to the petitioner and the same was also duly served on the petitioner. Though the name of the petitioner has been printed in the case list on 26.11.2019, none appeared for the petitioner. Hence, the Registry was directed to list the matter under the caption "for dismissal" on 27.11.2019.

2. Though the matter has been listed under the caption "for dismissal" today, none appeared for the petitioner. In these circumstances, , this Court has no other option except to dismiss the Civil Page 2 / 4

Revision Petition for non prosecution. Accordingly, the Civil Revision Petition is dismissed for non prosecution. No costs. Consequently, the connected Miscellaneous Petition is closed. 27.11.2019 Index : Yes / No Rj To The XII Assistant Judge, City Civil court, Chennai.

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M. DURAISWAMY,J., Rj C.R.P.(NPD) No.2531 of 2009 and M.P.No.1 of 2009 27.11.2019 Page 4 / 4