M.Ganesan v. Umavadhi @ Umadevi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.08.2024

CORAM

THE HONOURABLE Mrs. JUSTICE R.KALAIMATHI C.R.P.No.730 of 2023 and C.M.P.No.5640 of 2023 M.Ganesan

...Petitioner

vs.

1. Umavadhi @ Umadevi

2. Jayalakshmi ... Respondents PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India to set aside the order dated 21.12.2022 made in I.A.No.880 of 2022 in O.S.No.135 of 2022, pending on the file of the learned District Munsif Court, Pappireddipatti, Dharmapuri. For Petitioner : No Appearance For Respondents : Mr.V.Gunasekar

ORDER

None represented the revision petitioner.

2. Mr.V.Gunasekar, learned counsel for the respondents submits Page No.1/3

that the suit is dismissed for non prosecution on 05.03.2024. This revision petition is filed by the plaintiff against the order passed in I.A.No.880 of 2022 in O.S.No.135 of 2022 on the file of the District Munsif Court, Peppireddipatti, Dharmapuri District. An application was filed under Order XXVI Rule 9 of Civil Procedure Code for the appointment of an Advocate to inspect the suit property with the help of Surveyor and Village Administrative Officer and to file the report and sketch, and the same was allowed by appointing an Advocate Commissioner.

3. While so, on 05.03.2024, when the suit came up for hearing before the Trial Court neither the plaintiff appeared nor he was represented through his counsel. Hence, the suit was dismissed for non prosecution.

4. Recording the said details, this revision petition stands disposed of. There is no order as to costs. Consequently, connected Civil Miscellaneous Petition stands closed.

13.08.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No mac Page No.2/3

R.KALAIMATHI, J.

mac To The District Munsif Court, Pappireddipatti, Dharmapuri. C.R.P.No.730 of 2023 and C.M.P.Nos.5640 of 2023 13.08.2024 Page No.3/3