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Madras High CourtCRP/2729/2023dismissed for default

Chinnasamy v. Periyapaapa

2025-12-05Honourable Mr.Justice R.Sakthivel5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05-12-2025

CORAM

THE HONOURABLE MR.JUSTICE R.SAKTHIVEL CRP No.2729 of 2023 and CMP.No.16828 of 2023 Chinnasamy Petitioner(s) Vs 1.Periyapaapa Perumal (Died) Arumugam (Died)

2. Periyasamy Vadamalai (Died) Muthalammal (Died) Rajendran (Died)

3. Chinnadurai 4.Muthu 5.Selvam

6.Malar 7.Lakshmi 8.Muniyammal 9.Anjalai 10.Ramachandran 11.Pachaiyammal 12.Manivel Respondent(s) PRAYER This Civil Revision Petition is filed under Section 115 of the Code of Civil Procedure 1908 against the Fair and Decreetal order dated April 18, 2023, in I.A.No.1311 of 2021 in O.S.No.283/1989 on the file of the Principal District Munsif Court, Kallakurichi.

For Petitioner(s):

Mr.R.Rajarajan, No Appearance For Respondent(s):

R1-Died R2 to R4 & R6 to R8 - out of Station R5, R9 to 12-Served, No Appearance

ORDER

This Civil Revision Petition is filed challenging the Fair and Decreetal order dated April 18, 2023 in I.A.NO.1311 of 2021 in O.S.No.283 of 1989, passed by the learned Principal District Munsif Court, Kallakurichi.

2. When this matter came up before this Court on previous hearings, this Court made the following observations:- The daily order dated October 31, 2025, reads as follows: "Mr.D.Nandhagopal, learned counsel appearing for the revision petitioner submits that the revision petitioner wants to withdraw this matter. He seeks one week time.

2. Request acceded to.

3. List this matter on 07.11.2025."

and the daily order dated November 12, 2025, reads as follows: "Mr.Aravind Akilesh, learned counsel representing Mr.R.Rajarajan, learned counsel on record for the revision petitioner submits that the revision petitioner wants to withdraw this matter. He seeks two weeks time to get written instructions from the revision petitioner.

2. Request acceded to.

3. List this matter under the caption "for withdrawal" on 28.11.2025."

and the daily order dated November 28, 2025, reads as follows: "There is no representation for the Revision Petitioner.

2. List the matter on 05.12.2025 under the cause list caption "for dismissal."

3. Despite sufficient opportunities been given, neither the Revision Petitioner nor his Counsel turned up. Hence, this Civil Revision Petition is dismissed for default. Considering the nature of prayer sought for in this petition, there shall be no order as to costs. Consequently, connected Civil Miscellaneous Petition is closed.

05-12-2025 Jai Index:Yes/No Speaking/Non-speaking order Internet:Yes To The Principal District Munsif Court, Kallakurichi. R.SAKTHIVEL, J.

jai

CRP No.2729 of 2023 05-12-2025