Madras High CourtCRP/2081/2017dismissed for nonprosecution

R.Kumarasami v. M.Kannammal

2022-06-09Honourable Mrs Justice J. Nisha Banu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.06.2022 CORAM :

THE HONOURABLE MRS. JUSTICE J. NISHA BANU C.R.P. (NPD) No. 2081 of 2017 and C.M.P.No.9973 of 2017 R.Kumarasami .. Petitioner

Versus

M.Kannammal .. Respondent Civil Revision Petition filed under Article 25 of the Tamil Nadu Building Lease and Rent Control Act 1960 as amended by Act XXIII of 1973 and Act 1 of 1980, to set aside the order dated 13.04.2017 made in I.A.No.4/2016 in I.A.No.1/2016 in unnumbered U.F.R.C.A.No. ____ of 2016 passed by learned Subordinate Judge, Thiruvarur against R.C.O.P.No.3 of 2010 dated 11/04/2016 on the file of the District Munsif Court, Thiruvarur. For Petitioner :

No appearance

ORDER

This Civil Revision Petition has been filed, to set aside the order dated 13.04.2017 made in I.A.No.4/2016 in I.A.No.1/2016 in unnumbered U.F.R.C.A.No. ____ of 2016 passed by learned Subordinate Judge, Thiruvarur against R.C.O.P.No.3 of 2010 dated 11/04/2016 on the file of the District Munsif Court, Thiruvarur.

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2. This Court, by order dated 04.07.2017, upon hearing the learned counsel for the petitioner, ordered notice of motion to the respondent and granted an order of stay on condition that the petitioner shall deposit 50% of the admitted arrears, before 12.07.2017. Subsequently, the matter was adjourned to 14.07.2017.

3. Further, on 08.06.2022, when the matter was taken up for hearing, despite, the name of the petitioner as well as the counsel on record being printed in the cause-list, there was no representation on behalf of the petitioner and hence, this Court, adjourned the case to 09.06.2022 under the caption 'for dismissal'.

4. Today i.e., on 09.06.2022, when the matter is taken up for hearing, neither the petitioner appeared in person nor his counsel appeared on his behalf to represent the case. It can now be inferred that the petitioner is 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. 09.06.2022 Jer 2/4

To The District Munsif Court, Thiruvarur.

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J. NISHA BANU, J.

Jer C.R.P. (NPD) No. 2081 of 2017 09.06.2022 4/4