R.Gopalan v. E.Nilavudeen

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.02.2024 C O R A M THE HONOURABLE MRS.JUSTICE J.NISHA BANU C.R.P.(PD)No.846 of 2022 and CMP.No.4304 of 2022 R.Gopalan ... Petitioner Vs.

1.E.Niavudeen 2.The Tahsildar, Taluk Office, Sankarapuram Town and Taluk, Villupuram District.

3.The District Collector, Collectorate, Villupuram, Villupuram District.

... Respondents PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India praying to set aside the order dated 03.09.2019 passed in I.A.No.298/2017 in O.S.No.346/2009 by the District Munsif, Sankarapuram. For Petitioner : Mr.T.S.N.Prabhakaran For RR1 : No appearance For RR2 and 3 : Dr.Suriya Additional Government Pleader

O R D E R

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The Revision petitioner herein is the plaintiff. Respondents are the defendants. This revision petition is filed challenging the order dated 03.09.2019 passed in I.A.No.298 of 2017 in O.S.No.346 of 2009 by the District Munsif, Sankrapuram.

2. Today, when the matter is taken up for hearing, the learned Additional Government Pleader appearing for the respondents 2 and 3 viz., Thasildar, Sankarapuram Town and Taluk and The District Collector, Villupuram District, would submit that the main suit in O.S.No.346 of 2009 itself was dismissed for default on 05.12.2023. He produced the photocopy of the Daily Status in Ecourts Services, before this Court. The adjudication reflected in E courts Services on 05.12.2023 is as under:- " Plaintiff is called absent. No representation. Again called at 5.45 p.m. Plaintiff is called absent. No representation. Sufficient time granted plaintiff not turned upto commence the trial of this Suit. Hence this suit is dismissed for default"

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3. The learned counsel for the Revision Petitioner/Plaintiff also accepted the submission made by the learned Additional Government Pleader for the respondents 2 and 3.

4. In view of the above, nothing survives for further adjudication in this matter. Therefore, this Civil Revision Petition is closed. No costs. Con­ sequently, connected miscellaneous petition is closed. 20.02.2024 sk To 1.The District Munsif, Sankarapuram.

2.The Tahsildar, Taluk Office, Sankarapuram Town and Taluk, Villupuram District.

3.The District Collector, Collectorate, Villupuram, Villupuram District.

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J.NISHA BANU,J.

Sk C.R.P.(NPD) No.846 of 2022 20.02.2024 Page NO:4