Madras High CourtCRP/2988/2016dismissed for nonprosecution

Sri Sithi Vinayagar Aalayam v. Duraisami Naidu (Died)

2021-09-03Honourable Mr Justice Krishnan Ramasamy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.09.2021

CORAM

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY Sri Sithi Vinayagar Aalayam, Arisiperiankuppam, represented by Ramadoss Naidu, S/o.Kuppusamy Naidu, Pathirukuppam Post, Cuddalore Taluk, Cuddalore District.

.. Petitioner in both C.R.Ps.

Versus

Duraisami Naidu (died) 1.Dhanam 2.Guber 3.Kala .. Respondents in both C.R.Ps.

Prayer in C.R.P.No.2988 of 2016: This Civil Revision Petition is filed under Section 115 of the Civil Procedure Code against the fair and decreetal order of the learned Principal District Munsif, Cuddalore allowing E.A.No.21 of 2013 in E.P.No.104 of 2013 in O.S.No.222 of 1989 by order dated 02.07.2016. Prayer in C.R.P.No.2989 of 2016: This Civil Revision Petition is filed under Section 115 of the Civil Procedure Code against the fair and decreetal order of the learned Principal District Munsif, Cuddalore dismissing E.P.No.104 of 2013 in O.S.No.222 of 1989 by order dated 02.07.2016.

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For Petitioner : No appearance in both C.R.Ps.

For Respondents 1 & 2: Served - No appearance in both C.R.Ps.

For Respondent 3 : Mr.N.A.Nissar Ahmed in both C.R.Ps.

COMMON ORDER When the matter is taken up hearing, there is no representation on behalf of the petitioner either in person or through counsel.

2. The learned counsel appearing for the third respondent submitted that the Execution Petition in E.P.No.104 of 2013 was filed by the Revision Petitioner to execute the decree. However, the said Execution Petition was dismissed on the ground that the revision petitioner has no locus standi to file the Execution Petition (E.P.), since the Temple has been taken over by HR & CE Department and the fit person, who has been appointed to look after the affairs only has the right to file the Execution Petition. 2/4

3. I cannot pass any orders on merits, since the Revision Petitioner has not appeared before this Court today. When the matter came up for hearing on 29.07.2021, there was no representation for the petitioner. It appears that the petitioner is not interested in prosecuting the case.

4. Hence, these Civil Revision Petitions are dismissed for non prosecution. No costs.

03.09.2021 Index : yes/no Internet: yes/no rsi To The Principal District Munsif, Cuddalore.

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KRISHNAN RAMASAMY, J rsi 03.09.2021 4/4