Madras High CourtCRP/1102/2017dismissed for nonprosecution

Murugesan (Died) v. Raja

2022-06-08Honourable Mrs Justice J. Nisha Banu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.06.2022 CORAM :

THE HONOURABLE MRS. JUSTICE J. NISHA BANU C.R.P. No. 1102 of 2017 and C.M.P. No. 5321 of 2017 Murugesan (died) 1.Kannaiyan 2.Sivasankaran 3.Pourouchatamin 4.Bharathidasan .. Petitioners

Versus

Raja .. Respondent Civil Revision Petition filed under Article 227 of the Constitution of India against the Fair and Decreetal Order in I.A.No.911/2016 in O.S.No.272/2010 dated 14.02.2017 on the file of the Principal District Munsif, Villupuram.

For Petitioners : No appearance For Respondent : M/s.C.Harini for Mr.M.V.Seshachari

ORDER

The above Civil Revision Petition has been filed to set aside the Fair and Decreetal Order in I.A.No.911/2016 in O.S.No.272/2010 dated 14.02.2017 on the file of the Principal District Munsif, Villupuram. 1/4

2. The petitioners herein have filed an Interlocutory Application in I.A.No. 911 of 2016 on the file of the Principal District Munsif, Villupuram, to withdraw the original suit in O.S.No.272/2010.

3. It appears that the said application was dismissed by the learned Principal District Munsif, Villupuram on merits. As against the said order, the present Civil Revision Petition has been filed.

4. This Court, by order dated 21.03.2017, upon hearing the learned counsel for the petitioner, ordered notice of motion to the respondent and the matter was adjourned by four weeks.

5. Further, on 07.06.2022, when the matter was taken up for hearing, despite, the name of the petitioners as well as the counsel on record being printed in the cause-list, there was no representation on behalf of the petitioners and hence, this Court, adjourned the case on 08.06.2022 under the caption "for dismissal".

6. Today(08.06.2022), when the matter is taken up for hearing, neither the petitioners appeared in person nor his counsel appeared on their behalf to 2/4

represent the case. It can now be inferred that the petitioners are not interested to prosecute this civil revision petition. Accordingly, this civil revision petition is dismissed for non-prosecution. Consequently connected miscellaneous petition is closed. However, there shall be no order as to costs. 08.06.2022 msv To The Principal District Munsif, Villupuram 3/4

J. NISHA BANU, J.

Msv C.R.P.PD. No. 1102 of 2017 08.06.2022 4/4