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Madras High CourtCRP/3562/2013dismissed for default

V.Thangavel v. K.M.S.Thahir Jalal

2019-01-07Honourable Mr Justice Abdul Quddhose4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.01.2019 C O R A M THE HON'BLE Mr.JUSTICE ABDUL QUDDHOSE C.R.P.(NPD) No.3562 of 2013 V.Thangavel ... Petitioner Vs.

1.K.M.S.Thahir Jalal 2.H.Fathima Munavara ... Respondents PRAYER: Civil Revision Petition filed under Section 25 of the Tamil Nadu Buildings (Lease & Rent Control) Act 1960 as amended by Act 23 of 1973 against the order and decreetal order dated 10.07.2013 passed in RCA.No.81 of 2007 on the file of the VII Judge, Small Causes Court, Chennai reversed the order dated 4.12.2006 passed in RCOP.No.2218 of 2005 on the file of the III Judge, Small Causes Court, Chennai. For Petitioner ...

No appearance

ORDER

The matter is listed under the caption "for dismissal" today. On 20.12.2018, the learned counsel for the petitioner sought for an

adjournment to get instructions from the petitioner for withdrawal of the Civil Revision Petition on the ground that the building has already collapsed and the respondent is now in possession of the property.

2. A learned counsel claiming to be representing the petitioner submitted that he is the new counsel for the petitioner in place of the erstwhile counsel and he sought time to argue the matter. Sufficient opportunities have already been given to the learned counsel for the petitioner to get instructions from his clients for withdrawing the revision or for arguing the matter. Despite several opportunities given, the learned counsel for the petitioner has been seeking adjournments on one ground or other and on many occasions, he has also remained absent.

3. Admittedly, the possession of the property is now with the respondent/landlord. Therefore, no useful purpose will be served if further adjournments are granted to enable the petitioner to argue the matter. This Civil Revision Petition is of the year 2013 and RCOP was filed in the year 2005 and it can be inferred that the petitioner is not interested in prosecuting this revision.

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

07.01.2019 Index : Yes / No Internet : Yes/No Speaking/Non-Speaking orders nl To 1.The VII Judge, Small Causes Court, Chennai 2.The III Judge, Small Causes Court, Chennai

ABDUL QUDDHOSE. J, nl CRP (NPD) No.3562 of 2013 07.01.2019