Madras High CourtCRP/349/2010dismissed for nonprosecution

Nagarathnammal v. M.Duraikkanu Deceased

2019-09-27Honourable Mr Justice M.Duraiswamy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.09.2019 CORAM :

THE HON'BLE MR. JUSTICE M.DURAISWAMY C.R.P.(PD).No.349 of 2010 and M.P.No.1 of 2010 Nagarathnammal ... Petitioner v.

M.Duraikannu (decesed)

1. Saradambal

2. Smt. Saroja

3. Sakuntala

4. Smt. Kousalya

5. Santhi

6. Gnanam

7. Manjula

8. Revathy

9. Selvaraj 10.E.Jagannathan ... Respondents Page 1 / 4

Civil Revision Petition filed under Article 227 of the Constitution of India, against the fair and decreetal order dated 19.11.2009 made in I.A.No.10418 of 2009 in O.S.No.1143 of 2003 on the file of the XVIII Assistant Judge, City Civil Court, Chennai.

For Petitioner : No Appearance For Respondents : Mr. G.Jayachandran - for R10 No Appearance - for R9 Not Ready in Notice - R1 to R8

ORDER

When the matter was listed for hearing on 25.09.2019, there was no representation on behalf of the petitioner and the learned counsel appearing for the 10th respondent submitted that the suit in O.S.No.1143 of 2010, on the file of the XVIII Assistant Judge, City Civil Court, Chennai, has been disposed of for the reason that the parties had settled the matter out of Court. Recording the submission made by the learned counsel appearing for the 10th respondent, the matter was adjourned to 26.09.2019 under the caption 'for dismissal'. When the matter was listed for hearing on 26.09.2019 also, there was no representation on behalf of the petitioner. However, in order to give one more opportunity to the petitioner, the matter was adjourned to today, i.e. 27.09.2019 under the Page 2 / 4

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. Consequently, the connected Miscellaneous Petition is closed.

27.09.2019 Index : Yes / No Speaking order / Non Speaking Order Rj To The XVIII Assistant Judge, City Civil Court, Chennai Page 3 / 4

M.DURAISWAMY, J.

Rj C.R.P.(PD)No.349 of 2010 and M.P.No.1 of 2010 27.09.2019 Page 4 / 4