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Madras High CourtCRP/3134/2016dismissed for default

T.N Thangamuthu v. G. Kalaiselvi

2024-02-22Honourable Mr Justice S. Sounthar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.02.2024

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR C.R.P.(NPD).No .3134 of 2016 and C.M.P.No.15914 of 2016 T.N.Thangamuthu ... Petitioner vs 1.G.Kalaiselvi 2.T.N.Vadivel 3.K.Viswanathan 4.L.Chenniappan 5.T.S.Ramasamy 6.Palanisamy ... Respondents Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, praying to set aside the Fair and Final Order passed in I.A.No.168 of 2016 in Un-Numbered Appeal Suit on the file of the 2nd Additional District Court, Erode dated 04.08.2016 and allow the Civil Revision Petition. For Petitioner : No Appearance 1/4

For R1 : Mr.V.Kadhirvelu For R2 to R4 and R6 : Dismissed For R5 : Died

ORDER

When the matter was taken up for hearing on 19.02.2024, there was no representation for the petitioner. Hence, in order to give an opportunity to the petitioner, the Registry was directed to list the matter under the caption 'For Dismissal' on 22.02.2024.

2. Today, when the matter is listed under the caption 'For Dismissal', Mr.A.Sundaravadhanan, learned counsel, who entered appearance for petitioner, filed a memo dated 22.02.2024 stating that he had handed over the papers to the petitioner with consent for change of vakalat on 24.11.2021 and hence, his name may be deleted. The memo filed by the learned counsel is recorded. The Registry is directed to delete the names of the learned counsel for petitioner.

3. The name of the petitioner-Thangamuthu, is printed in the cause-list. 2/4

However, there is no representation for the petitioner. It is also seen from the records that inspite of direction issued by this Court on 08.02.2023 to pay batta for taking notice to respondents 2, 4 and 6, the petitioner failed to comply with the same, till date. In such circumstances, it appears, the petitioner is not interested in proceeding with the case.

4. Accordingly, the Civil Revision Petition is dismissed for default. No costs. Consequently, the connected civil miscellaneous petition is closed. 22.02.2024 Index : Yes / No Speaking order : Yes / No : Yes / No dm To The 2nd Additional District Court, Erode.

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S.SOUNTHAR, J.

dm C.R.P.(NPD).No.3134 of 2016 22.02.2024 4/4