V.Rathnakumar v. V.Nagarajan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 08.10.2025

CORAM:

THE HONOURABLE MR. JUSTICE R. SAKTHIVEL C.R.P. No.896 of 2020 V.Rathnakumar ... Petitioner

Versus

V. Nagarajan ... Respondent Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, pleased to set aside the fair and decreetal order dated 09.04.2019 made in C.M.P.No.977 of 2017 in C.M.P.SR.No.30485 of 2012 in A.S.No.492 of 2010 by the learned I Additional Judge, City Civil Court, Chennai, dismissing the said petition filed by the petitioner under Section 151 o C.P.C., for condonation of delay in representation. For Petitioner : Mr. P. Tamil Selvan, for Mr. G. Saravanan For Respondent : Not ready in notice

O R D E R

Heard Mr. P. Tamil Selvan, learned counsel for the petitioner, and this Court has perused the case records.

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2.

Upon perusal, it is seen that when the revision petition came up for admission before this Court on 27.02.2020, the following order was passed:

"Notice to the respondent returnable by 18.03.2020. Private notice is also permitted. Post on 18.03.2020."

Despite the above order, the revision petitioner failed to file the Batta Memo.

3.

When the case was again listed on 02.08.2023, this Court passed the following order:

"Notice to the un-served respondent, returnable in two (2) weeks. Private notice is permitted. Notice is also permitted on the learned counsel who has appeared for the parties before the Trial Court.

2. In case steps are not taken within a period of two (2) weeks, insofar as those respondent from whom steps are not been taken, the present civil revision petitions will stand dismissed.

3. Call the case after two (2) weeks."

However, despite the above order, the revision petitioner did not file the Batta Memo, and the cause list also indicates that the revision petitioner 2/4

has not filed the affidavit of service.

4.

This Court has also perused the e-Courts website with regard to the status of A.S.No.492 of 2010 on the file of the I-Additional Judge, City Civil Court, Chennai, and it is seen that the appeal suit was dismissed for default on 19.06.2012.

5.

Since the revision petitioner failed to comply with the order dated 02.08.2023 within the time stipulated, this Civil Revision Petition stands dismissed in terms of the said order.

6.

Accordingly, this Civil Revision Petition is dismissed for default. No costs.

08.10.2025 Index : Yes / No Speaking Order : Yes / No : Yes / No klt R. SAKTHIVEL, J 3/4

klt To 1.The I Additional Judge, City Civil Court, Chennai. 2.The Section Officer, V.R. Section, High Court of Madras. CRP.No.896 of 2020 08.10.2025 4/4