Madras High CourtCRP/799/2018dismissed for nonprosecution

V.Munusamy, v. P.Geetha,

2021-02-19Honourable Mr Justice Krishnan Ramasamy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.02.2021 CORAM :

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY C.R.P.No.799 of 2018 and Cmp.No.4439 of 2018 1.V.Munusamy 2.Thulasi 3.Santhanam 4.Anbazhagan ... Petitioners

Versus

P.Geetha ... Respondent Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order dated 05.12.2017 passed in I.A.No.10376 of 2017 in O.S.No.303 of 2012 on the file of the III-Assistant City Civil Court at Chennai.

For Petitioners : No Appearance For Respondent : No Appearance

ORDER

When this matter was taken up for hearing around 3.00 pm, none appeared on behalf of the petitioners. Therefore, it was passed over and then called again later, even that time too, none appeared for the petitioners. 2.Initially, when the matter came up for hearing on 18.11.2020, there was no representation for the petitioners, therefore, the matter was posted on

04.01.2021. On that day, when the matter was taken up for hearing before me, the learned counsel for the petitioners had expressed the issue of connectivity problem. Therefore, this Court directed the Registry to list the matter on first week of February, 2021. But, on that day, no one entered appearance on behalf of the petitioners. However, the learned counsel for the respondent was present, hence, the matter was posted on 04.02.2021 under the caption for dismissal. 3.On 04.02.2021, the counsel for the petitioners once again appeared and expressed the same issue that he has some connectivity problem. Though he was having connectivity problem on the last occasion too, he was not ready to appear in person before the Court to proceed his case. It shows that the petitioners are not interested to prosecute the case. Therefore, this Court is inclined to dismiss the Civil Revision Petition for default. Accordingly, the Civil Revision Petition is dismissed for non prosecution. However, there shall be no order as to costs. Consequently, the connected miscellaneous petitions is closed.

19.02.2021 Index: Yes/No Internet: Yes/No Speaking Order/Non Speaking Order klt

To The III-Assistant City Civil Court at Chennai.

KRISHNAN RAMASAMY, J.

klt C.R.P (PD).No.799 of 2018 and Cmp.No.4439 of 2018 19.02.2021