← Library
Madras High CourtCRP/2556/2018dismissed

Balasubramanian v. Shanmugam

2021-06-17Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.06.2021

CORAM

THE HON'BLE Mr. JUSTICE G.K.ILANTHIRAIYAN Balasubramanian ... Petitioner Vs.

Shanmugam ... Respondent Prayer :- Civil Revision Petition is filed under Section 115 of the Civil Procedure Code, to set aside the order of the learned Subordinate Judge, Panruti in C.M.A.No.9 of 2016 dated 12.02.2018 confirming the fair and decreetal order in I.A.No.285 of 2016 in O.S.No.179 of 2004 dated 15.04.2016 on the file of the learned District Munsif, Panruti. For Petitioner : Mr.N.Suresh

ORDER

This Civil Revision Petition has been challenging the order passed by the learned Subordinate Judge, Panruti in C.M.A.No.9 of 2016 dated 12.02.2018 confirming the fair and decreetal order in I.A.No.285 of 2016 in O.S.No.179 of 2004 dated 15.04.2016 on the file of the learned District Munsif, Panruti, thereby dismissing the petition for restoration of

suit.

2.

On perusal of records revealed that, when the case was listed for admission on 28.09.2018, the learned counsel appearing for the petitioner sought adjournment. Accordingly, the matter was adjourned to 09.10.2018. On 09.10.2018, when the matter was taken up, at the request of the learned counsel appearing for the petitioner, the matter was directed to be posted on 24.10.2018 under the caption "for withdrawal". Again on 24.10.2018, at the request of the petitioner's counsel, it was adjourned to 31.10.2018. Thereafter, the learned counsel appearing for the petitioner did not take any steps to list the case even for admission. 3.

Thus the Civil Revision Petition is pending for the past three years without even ordering notice. Even today also, the learned counsel appearing for the petitioner is not ready to argue the case. It shows that the petitioner is not interested to proceed with the case. Therefore, this Court is not inclined to entertain the present civil revision petition.

4.

Accordingly, this Civil Revision Petition stands dismissed. There shall be no order as to costs.

17.06.2021 Internet : Yes Index : Yes/No Speaking order/Non-speaking order rts To

1. The Subordinate Judge, Panruti.

2. The District Munsif, Panruti

3. The Section Officer, V.R. Section, Madras High Court, Chennai.

G.K.ILANTHIRAIYAN, J.

rts C.R.P.(PD)No.2556 of 2018 17.06.2021