Madras High CourtCRP/1592/2014dismissed for nonprosecution

N.Tharakaram v. Tiruttani Sri Subramaniaswami

2016-02-08Honourable Mr Justice P.R.Shivakumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 08.02.2016

CORAM

THE HONOURABLE Mr. JUSTICE P.R.SHIVAKUMAR C.R.P.[PD] No.1592 of 2014 and MP.No.1 of 2014 N.Tharakaram ... Petitioner Vs Tiruttani Sri Subramaniaswami Sasthi Kattalai, Rep. by its present Trustees 1.S.Thirumurthy 2.S.Navukkarasu 3.T.S.Purusothaman 4.C.Balasubramani 5.K.A.Murugappan 6.B.Chandrakala 7.L.Sasikala 8.R.Premalatha 9.G.Nethaji 10.G.Nehruji ... Respondents Civil Revision Petition filed under Article 227 of the Constitution of India against the fair and decreetal order dated 04.03.2014 passed in I.A.No.7514 of 2013 in O.S.No.8150 of 2011 on the file of XIV Assistant City Civil Court, Chennai. For Petitioner : Mr.G.Sasikannan for Mr.N.R.Anantha Ramakrishnan For Respondents : Mr.T.Velumani for R10

O R D E R

Counsel for the respondents No.1 to 5 are not present. From the order sheet, it is found that they were absent for several hearings. Similarly, the first counsel on record for the petitioner is not present. Apart from the first counsel, there are four

P.R.SHIVAKUMAR, J.

gya joint counsel who had entered appearance for the petitioner. Mr.G.Sasikannan is one of the joint counsel. Though he is present, he submits that he has not been instructed to argue the Civil Revision Petition, which is posted under the caption 'adjourned admission'.

2. From the order sheet, it is quite obvious that it is Mr.G.Sasikannan, Advocate, who appeared on a number of hearings sought adjournments on the ground that Mr.N.R.Anantha Ramakrishnan, the first counsel on record could not appear on those days. The number of adjournments thus obtained, will make it clear that the petitioner is not inclined to proceed with the Civil Revision Petition. Hence, this court deems it appropriate to dismiss the Civil Revision Petition for non-prosecution. Accordingly, the Civil Revision Petition is dismissed for non-prosecution. No costs. Consequently, connected Miscellaneous Petition is closed. 08.02.2016 Index: Yes/No Internet: yes/No gya To The XIV Assistant Judge, City Civil Court, Chennai.

C.R.P.[PD] No.1592 of 2014 and MP.No.1 of 2014