Madras High CourtCRP/4354/2010dismissed for default

Jayakumar v. Vijayalakshmi

2020-07-17Honourable Mr Justice P. Velmurugan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.07.2020

CORAM:

THE HON'BLE MR.JUSTICE P.VELMURUGAN Civil Revision Petition (NPD) No.4354 of 2010 and M.P.No.1 of 2010 ---- Jayakumar ..Petitioner Vs Vijayalakshmi ..Respondent Prayer: Civil Revision Petition filed under Section 115 of the Civil Procedure Code against the fair and Final order dated 04.06.2010 passed in I.A.No.32 of 2010 in O.S.No.57 of 2004 on the file of the Additional District Judge(Fast Track Court no.1), Salem.

For Petitioner : Ms.Revathi for Mr.R.Nalliyappan For Respondent : No Appearance

ORDER

It is seen from the records that the sole respondent died and private notice sent to her by way of RPAD, was returned with the postal endorsement, 1/3

'' not claimed''.

2. Despite, an opportunity was given to serve fresh notice on the respondent, no steps have been taken by the petitioner counsel to issue fresh notice. The Civil Revision Petition is of the year 2010 and is against I.A.No.32 of 2010 in O.S.No.57 of 2004 on the file of the Additional District Judge(Fast Track Court no.1), Salem.

3. It is a matter of record that this Court ordered notice initially on 25.06.2019 and thereafter, on 18.09.2019, 21.08.2019 and again on 17.02.2020, but service yet to be taken up by the Revision Petitioner. Hence, this Court is of the view that no useful purpose will be served, again to order service of notice or awaiting service. Therefore, the Civil Revision Petition is dismissed for default. No costs. Consequently, connected MP is closed. 17.07.2020 dn To 1.The Additional District Judge(Fast Track Court no.1), Salem. 2.The Section Officer, V.R. Section, High Court, Madras 2/3

P.VELMURUGAN, J.

dn 17.07.2020 3/3