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Madras High CourtCRP/4195/2010dismissed for nonprosecution

Chellamuthu v. Magesh

2019-09-19Honourable Mr Justice M.Duraiswamy2 pages

C.R.P.(NPD).No.4195 of 2010

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 19.09.2019

CORAM:

THE HONOURABLE MR.JUSTICE M.DURAISWAMY C.R.P.(NPD).No.4195 of 2010 Chellamuthu ... Petitioner Vs.

Magesh ... Respondent Civil Revision Petition filed under Article 227 of the Constitution of India against the fair and decreetal order dated 16.09.2009 passed by the District Munsif, Tittakudi in I.A.No.152 of 2009 in O.S.No.222 of 2006 dismissing the same which was filed to condone the delay of 362 days in filing the petition to set aside the exparte decree dated 03.03.2008 passed in O.S.No.222 of 2006. Petitioner : Mr.Chellamuthu - no appearance For Respondent : no appearance

O R D E R

When the matter was listed for hearing on 04.04.2018, the learned counsel for the petitioner had reported no instructions and hence, the Registry was directed to send a drafted notice to the petitioner. The drafted notice sent to the petitioner was returned with an endorsement "un-claimed". In these circumstances, the Registry was directed to print the name of the petitioner in the cause list and list the matter on 18.09.2019. When the matter Page 1 / 2 http://www.judis.nic.in

C.R.P.(NPD).No.4195 of 2010 M.DURAISWAMY,J.

va was listed on 18.09.2019 printing the name of the petitioner in the cause list, none appeared for the petitioner. Therefore, the Registry was directed to list the matter under the caption "for dismissal" on 19.09.2019 (i.e.) today. Today also, though the matter has been listed under the caption "for dismissal", none appeared 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. Index : No 19.09.2019 Internet : Yes va To 1.The District Munsif, Tittakudi C.R.P.(NPD).No.4195 of 2010 Page 2 / 2 http://www.judis.nic.in