V.Ganesan v. Deputy Registrar Of Cooperative Societies

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.04.2023

CORAM:

The Hon'ble MR.JUSTICE SATHI KUMAR SUKUMARA KURUP and C.M.P.Nos.1296 & 1393 of 2021 C.R.P.No.151 of 2021 V.Ganesan

...Petitioner/ Respondent

-VsDeputy Registrar of Cooperative Societies, Surcharge Officer, Office of the Deputy Registrar of Cooperative Societies, Tiruvarur Post and District.

...Respondent/Appellant

C.R.P.No.132 of 2021 S.Dhamayanthi

...Petitioner/

Appellant/4th Respondent -VsDeputy Registrar of Cooperative Societies, Surcharge Officer, Office of the Deputy Registrar of Cooperative Societies, Tiruvarur (Po) & (Dt).

...Respondent/

Respondent/Suo Moto Proceedings 1/6

Prayer in C.R.P.No.151 of 2021 : - Civil Revision Petition filed under Section 115 of CPC, against the judgment and order in Coop.C.M.A.No.06 of 2019 dated 26.02.2020 on the file of the learned Principal District Judge / Special Cooperative Tribunal, Tiruvarur (made ready on 22.09.2020) confirming the order Rc.No.182/12 Sa.Pa. Dated 19.01.2019 of the 1st Respondent.

Prayer in C.R.P.No.132 of 2021 : - Civil Revision Petition filed under Article 227 of the Constitution of India, against the judgment and order in Coop.C.M.A.No.05 of 2019 dated 26.02.2020 on the file of the learned Principal District Judge / Special Cooperative Tribunal, Tiruvarur (made ready on 22.09.2020) confirming the order Rc.No.182/18 Sa.Pa. Dated 19.01.2019 of the 1st Respondent.

C.R.P.Nos.151 & 132 of 2021 For Petitioner : Mr.P.Anbarasan For Respondent : Mr.V.Jeevagiridharan Additional Government Pleader C O M M O N O R D E R Today [12.04.2023] the above Civil Revision Petitions came up for hearing in the list under the caption "For Dismissal", the learned Counsel 2/6

for the Revision Petitioner expressed his apology for his non-appearance on the previous occasions and this Court accepted the apology. At the same time, the learned Counsel for the Revision Petitioner sought adjournment again on the ground that he needed instructions from his client to proceed with arguments. This attitude of the learned Counsel for the Revision Petitioner cannot at all be entertained by this Court. He had ample time to get instructions from the date the Civil Revision Petitions were filed. 2.When the Civil Revision Petitions came up for hearing in all the previous hearings, i.e., on 17.11.2022, 18.11.2022, 19.12.2022, 10.01.2023, 10.02.2023, 01.03.2023 and 16.03.2023, there was no appearance on behalf of the Revision Petitioner.

Therefore, in those circumstances, it gives a presumption to the Court that the Counsel appearing for the Revision Petitioner is not inclined to proceed with arguments as he is aware of the outcome of the cases. The attitude of the party, litigant and the Counsel seeking instructions at every stage, cannot at all be entertained for retaining the case on file for disposal. Therefore, it is not a fit case to be retained on file.

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3.Hence, the above Civil Revision Petitions stands dismissed for non-prosecution. No costs. Consequently, connected miscellaneous petitions are closed.

12.04.2023 cda Index : Yes/No Speaking/Non-speaking order 4/6

To 1.The Principal District Judge / Special Cooperative Tribunal, Tiruvarur.

2.The Deputy Registrar of Cooperative Societies, Surcharge Officer, Office of the Deputy Registrar of Cooperative Societies, Tiruvarur Post and District.

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SATHI KUMAR SUKUMARA KURUP , J., cda 12.04.2023 6/6