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Madras High CourtCRP/3476/2015dismissed for nonprosecution

South East Benefit Fund v. K.V. Ramanan

2021-09-07Honourable Mr Justice Krishnan Ramasamy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.09.2021

CORAM

The Hon'ble Mr.Justice Krishnan Ramasamy C.R.P (NPD)No.3476 of 2015 South East Benefit Fund Ltd.

Rep. by its Vice President cum Chief Executive Old No.6, New No.13, Karthik Apartments Chennai 600 028. ..Revision Petitioner vs.

1.K.V.Ramanan 2.P.Nirmala 3.K.V.Jayakumar 4.K.V.Jayarani 5.Vamana Auctioneers O.S.Buildings, Room No.137, Old No.17, New No.1, Ekambara Kumaraguru Street, Chennai 600 003.

6.Sub Registrar, Sub Registrar's Office, Puraswakkam, Chennai.

..Respondents 1/4

PRAYER:

Civil Revision Petition filed under Section 115 of the Code of Civil Procedure to call for the records pertaining to the Fair and Decreetal Order dated 23rd July 2012 passed in I.A.No.21959 of 2010 in O.S.No.8079 of 2008 on the file of the VII Asst City Civil Court, Chennai. For Revision Petitioner - No appearance For Respondents - Mr.J.Kannan for R1, R2 & R4 R3 died (Steps due) R5 & R6 are given up [vide Bsr.71374 dated 13.08.13]

O R D E R

This Revision Petition is filed in the year 2015, and it is manifest from the endorsements made in the Order Sheet that the matter has been taken up for admission on 24 occasions. Even today, when the matter is called, none appeared on behalf of the revision petitioner, whereas, the learned counsel for the respondents 1, 2 and 4 is present. This Court is "Sick and Tired" of granting adjournments to the revision petitioner on several occasions as only at their request, this matter has been adjourned from time to time. Further, the way, in which, the matter was adjourned owing to the revision petitioner's non appearance before this Court would 2/4

per se show that the revision petitioner is not interested in prosecuting the case but only to drag on the matter. Under these circumstances, this Court is not inclined to grant any more indulgence.

2. Accordingly, this Civil Revision Petition is dismissed for non prosecution. No Costs.

07.09.2021 Index: Yes/No Speaking/Non-speaking Order jd/sd To

1. The VII Asst. Judge, City Civil Court, Chennai.

2. The Sub Registrar, Sub Registrar's Office, Puraswakkam, Chennai.

Krishnan Ramasamy, J., jd/sd 3/4

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