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Madras High CourtCRP/1102/2014dismissed for nonprosecution

Savitha Estates And Resorts v. T.B.Uma Devi

2019-11-01Honourable Mr Justice M.Duraiswamy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.11.2019

CORAM

THE HONOURABLE MR. JUSTICE M. DURAISWAMY C.R.P.(NPD) No.1102 of 2014 Savitha Estates and Resorts India (P) Ltd., Represented by tis Managing Director, No.180, North Usman Road, T. Nagar, Madras - 17.

... Petitioner v.

1. T.B. Uma Devi

2. T.D. Selvan Babu ... Respondents Civil Revision Petition filed under section 115 of the Civil Procedure Code against the order and decreetal order dated 07.11.2013 made in I.A.No.4642 of 2006 of 2008 in O.S.No.1966 of 2004 passed by the XVII Assistant Judge, Civil Civil Court, Chennai. For Petitioner : No Appearance For Respondents : Mr. A.R. Sakthivel Page 1 / 4

O R D E R

When the matter was listed for hearing on 25.10.2019, it was represented that the learned counsel on record Mr.A.Seshan had died. Therefore, the Registry was directed to send death memo to the petitioner. Accordingly, the Registry sent death memo to the petitioner. However, the notice was returned unserved with an endorsement that the petitioner-Company had vacated the premises. In these circumstances, the Registry was directed to print the name of the petitioner-Company and list the matter on 31.10.2019. On 31.10.2019, though the name of the petitioner has been printed in the case list, none appeared for the petitioner. Hence, the Registry was directed to list the matter under the caption "for dismissal" on 01.11.2019.

2. Though the matter has been listed under the caption "for dismissal" today, none appeared for the petitioner. In these circumstances, , this Court has no other option except to dismiss the Civil Page 2 / 4

Revision Petition for non prosecution. Accordingly, the Civil Revision Petition is dismissed for non prosecution. No costs. 01.11.2019 Index : Yes / No Rj To The XVII Assistant Judge, Civil Civil Court, Chennai.

Page 3 / 4

M. DURAISWAMY,J., Rj C.R.P.(NPD)No.1102 of 2014 01.11.2019 Page 4 / 4