T.Annaduari (A)Ellapan v. Rekha Devi
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.03.2024 C O R A M THE HONOURABLE MRS.JUSTICE J.NISHA BANU C.R.P.No.401 of 2022 and CMP.No.2086 of 2022 T.Annadurai ... Petitioner Vs.
1.Rekha Devi 2.M.Kanniyappan ... Respondents PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India praying to set aside the fair and decreetal order dated 15.04.2021 passed in M.P.No.2/2020 in WP.No.1323 of 2018 on the file of the XIII Small Causes Court at Chennai District.
For Petitioner : No appearance For RR1 and 2 : Mr.S.Ravichandran
O R D E R
When the Civil Revision Petition was taken up for hearing on 26.02.2024, the learned counsel for the petitioner sought for short accommodation and therefore, it was specifically listed under the caption Page NO:1
''For Orders'' on 04.03.2024. When the matter is called today, there is no representation for the petitioner. Therefore, this Court has no other option except to dismiss the Civil Revision petition for non-prosecution.
2. Even on merits, it is seen that the petition in M.P.No.2 of 2020 in RCOP.No.1323 of 2018 has been filed for impleading the 2nd respondent as 2nd petitioner in RCOP.1323 of 2018. After detailed enquiry, the learned Judge, held that the petitioner has not adduced any materials on record either documentary or oral evidence to substantiate their case. The learned Judge further held that the proposed 2nd respondent is not at all necessary, as the scope of the RCOP proceedings is limited and the petitioner has to establish the case in the trial and not by filing the present M.P.
3. In my considered view, the order passed by the learned Judge, in M.P.No.2 of 2020 in RCOP.No.1323 of 2018 is perfectly in order and the same do not warrant any interference by this court. Page NO:2
4. In view of the above discussion, the Civil Revision Petition is dismissed both on merits and for non-prosecution. No costs. Interim stay stands vacated.
04.03.2024 sk/nvsri To 1.The Judge, XIII Small Causes Court Chennai Page NO:3
J.NISHA BANU,J.
Sk/nvsri C.R.P.No.401 of 2022 04.03.2024 Page NO:4