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Madras High CourtCRP/1372/2012dismissed for default

Unnamalai Ammal v. Saraswati Ammal

2019-04-02Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.04.2019 C O R A M THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR C.R.P.(NPD) No. 1372 of 2012 and M.P.No.1 of 2012 Unnamalai Ammal ... Petitioner Vs.

1. Saraswati Ammal

2. Kanagambal

3. Lakshmi Ammal

4. Malliga Ammal

5. Devivanai Ammal

6. Rukkumani Ammal

7. Leela Vinothan

8. Dhanasekaran

9. Jaya 10.S.Vasanthi ... Respondents PRAYER: The Civil Revision Petition is filed under Section 115 of the Civil Procedure Code against the fair order and decree passed in I.A.No.71 of 2008 in A.S.No.nil/08 in O.S.No.174 of 2004 dated 28.09.2011 on the file of the Subordinate Judge, Ranipet, Velllore District and set aside the same.

For Petitioner : Mr.E.C.Ramesh For Respondents : Mr.S.Haja Mohideen Gisthi for R1 No appearance for RR2,6, 8 to 10 R4 and R5 - Died R3 and R7 - not served

O R D E R

The Civil Revision Petition has been filed against the fair order and decree passed in I.A.No.71 of 2008 in A.S.No.nil/08 in O.S.No.174 of 2004 dated 28.09.2011 on the file of the Subordinate Judge, Ranipet, Velllore District and set aside the same.

2. Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents.

3. Despite the fact that this Court has directed the petitioner to take steps to bring on record the legal representatives of the deceased sole petitioner and R4 and R5 in the year 2018, till now, no attempt what so ever made, the same clearly indicates that there is no interest in prosecuting the case. It is also curious to note that the notice are also not served on the respondents 3 and 7 from the year 2012 and from 03.10.2018 to till now, no steps is taken. Hence, the civil revision petition is dismissed for default. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

02.04.2019 msv Index:Yes/No Internet:Yes/No Speaking order: Non-speaking order

To The Subordinate Judge, Ranipet, Velllore District

N. SATHISH KUMAR, J.

msv C.R.P.(NPD) No. 1372 of 2012 and M.P.No.1 of 2012 02.04.2019