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Madras High CourtCRP/17/2022dismissed

Pattu v. Thangasami

2024-03-20Honourable Mrs Justice J. Nisha Banu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.03.2024 C O R A M THE HONOURABLE MRS.JUSTICE J.NISHA BANU C.R.P.(PD)No.17 of 2022 Pattu ... Petitioner Vs.

Thangasami ... Respondent PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India praying to set aside the order passed in unnumbered O.S.No.Nil/2021 dated 02.03.2021 by the District Munsif Court, Thiruvarur.

For Petitioners : Mr.K.Thenrajan For Respondent : Mr.S.Senthil

O R D E R

This revision petition has been filed against the order passed in unnumbered O.S.No.Nil/2021, dated 02.03.2021, by the District Munsif Court, Thiruvarur.

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2. When the matter came up for hearing on 16.02.2024, the learned counsel for the sole respondent submitted that the respondent has died and particulars of the legal heirs were furnished to the counsel for the petitioner. The learned counsel for the petitioner further submitted that an application has been filed to implead the legal heirs of the respondent and it is yet to be numbered and prayed for short accommodation. Hence, the matter was posted on 04.03.2024.

3. When the matter was taken up on 04.03.2024, learned counsel for the petitioner was not present and therefore, the matter was posted under the caption ''for dismissal'' on 05.03.2024. On 05.03.2024, the learned counsel for the petitioner once again sought for short accommodation and therefore, the matter was posted on 11.03.2024 under the same caption ''for dismissal''. Again the matter was listed on 14.03.2024, on that day also, the learned counsel for the petitioner sought for short accommodation and therefore, the case was posted on 20.03.2024. Even today (20.03.2024), no steps were taken to implead the legal heirs, inspite of the counsel for the respondent giving particulars of the legal heirs as early as on 16.02.2024. Page NO:2

4. ;Therefore, this Court is of the view that the learned counsel for the petitioner did not pursue the revision petition diligently. Accordingly, the Civil Revision Petition is dismissed. No costs. 20.03.2024 sk To 1.The District Munsif Court, Thiruvarur.

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J.NISHA BANU,J.

Sk C.R.P.(NPD) No.17 of 2022 20.03.2024 Page NO:4