S.P.Krishnan v. Tm Sivaramakrishnan (Died)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.08.2025 CORAM :

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR and C.M.P.Nos.25135, 25154 & 25149 of 2023 S.P.Krishnan ... Petitioner Vs.

TM Sivaramakrishnan (died) Venkatachalam (died) 1.C.Premkumar Valliammal (died) 2.Kamalam 3.T.V.Sugunakumari 4.Rukmani 5.Mangayakarasi 6.Nidhiyanandam 7.T.Mohan ... Respondents Prayer : Civil Revision Petition filed under Section 115 of Code of Civil Procedure against the order of the Principal District Munsif Court at Tiruchengode, dismissing R.E.A.No.123 of 2011 in R.E.A.No.29 of 2009 in O.S.No.271 of 1976, dated 27.11.2012.

For Petitioner :

M/s.V.Srimathi For R1 to R7 :

No appearance

O R D E R

It is seen from the docket orders that this Court, by order dated 05.04.2022, has recorded the death of the revision petitioner and has directed the learned counsel for the petitioner to issue fresh notice to the respondents 2, 5 and 7. Thereafter, on 06.06.2022, the petitioner was directed to pay batta for R2, R5 and R7. Again, when the matter was taken up on 19.04.2022, there was no representation for the petitioner. Thereafter, on 05.10.2023, this Court has passed the following order : "The learned counsel for the petitioner submitted that the sole petitioner had died and requested time for taking steps to bring the legal heirs of the deceased petitioner on record. 2.The learned counsel for the petitioner is directed to issue fresh notice to the respondents R2 to R5 & R7 through Court as well as privately, returnable by 31.10.2023. 3.The learned counsel for the Petitioner shall also pay batta within three Court working days excluding today into the

Registry in order to enable them to send Court notice to R2 to R5 & R7, failing which the Civil Revision Petition shall stand dismissed automatically without any further reference to this Court.

4.Post the matter on 31.10.2023."

2.Meanwhile, petitions to bring on legal heirs of the deceased petitioner have been filed. However, despite ordering notice in those petitions, batta has not been paid till date and the matter is being adjourned from 2023 for payment of batta. Even today, the learned counsel for the petitioner seeks an adjournment. Therefore, it is clear that the petitioner is not interested in prosecuting the matter. Therefore, this Court is not inclined to keep this matter pending any further. 3.Accordingly, this Civil Revision Petition is dismissed for default. No costs. Consequently, connected miscellaneous petitions are closed. 04.08.2025 mkn

Internet : Yes Index : Yes / No Speaking order : Yes / No To 1.The Principal District Munsif, Tiruchengode.

2.The Section Officer, VR Section, High Court, Madras.

N. SATHISH KUMAR, J.

mkn

04.08.2025