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Madras High CourtCRP/2998/2019dismissed

Ramki v. Moorthi@Sundaramoorthi

2023-06-12Honourable Mr Justice N. Seshasayee4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.06.2023 CORAM: JUSTICE N.SESHASAYEE C.R.P. No.2998 of 2019 and C.M.P. No.19344 of 2019 Ramki ... Petitioner Vs.

1.Moorthi 2.Ramesh 3.Saravanan ... Respondents PRAYER: The Civil Revision Petition filed under Section 115 of CPC against the fair and decretal order dated 22.01.2019 passed in I.A. No.216 of 2017 in O.S. No.359 of 2010 on the file of Principal District Munsif Court, Tiruvannamalai.

For Petitioner :

No Appearance For Respondents :

K.Balaji for R1 to R3

O R D E R

The above civil revision petition was allowed by this court on 12.03.2023 by directing the revision petitioner to pay a sum of Rs.5,000/- to the respondents on or before 17.04.2023 and the case was directed to be listed for reporting compliance on 17.04.2023.

2. When the matter was listed on 17.04.2023 under the caption 'for reporting compliance', the learned counsel for the revision petitioner informed the court that he is under bereavement and hence sought adjournment till 28.04.2023. On 28.04.2023, again, the learned counsel for the revision petitioner sought further adjournment to comply with the order and this court passed the following order: " Learned counsel for the petitioner submitted that the revision petitioner's father is stated to have died. As a result of which, he faces some difficulty in communicating his client. Post the matter on 12.06.2023."

3. Time has been granted to the revision petitioner for payment of cost and

today there is no representation when the case was taken up at 10.30 a.m and hence the matter was passed over to be taken at 2.15 p.m. In the afternoon session, when the matter was taken up again, there is no representation for the petitioner. Since the conditional order is not complied with, this court decides to recall its order dated 10.03.2023 and dismisses the revision petition.

4. Accordingly, the order dated 10.03.2023 is recalled. The civil revision petition is dismissed. No costs. Consequently, the connected civil miscellaneous petition is closed.

12.06.2023 Asr To The Principal District Munsif, Tiruvannamalai

N.SESHASAYEE, J., Asr C.R.P. No.2998 of 2019 and C.M.P. No.19344 of 2019 12.06.2023