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Madras High CourtCRP/4170/2017dismissed for nonprosecution

Sankar, S/O.Ragupathi Chettiar v. Durai

2021-09-08Honourable Mr Justice Krishnan Ramasamy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.09.2021

CORAM

The Hon'ble Mr.Justice Krishnan Ramasamy C.R.P (NPD)No.4170 of 2017 Sankar.R rep. by Power Agent J.Dhanchizheyan ..Revision Petitioner vs.

Durai.K ..Respondent PRAYER:

Civil Revision Petition filed under Section 115 of the Code of Civil Procedure to set aside the Fair and Decretal Orders of the learned Principal Sub Judge, Villupuram passed in E.P.No.3 of 2008 in Pondy Sub Court in O.S.No.234 of 1997 dated 07.09.2017.

For Revision Petitioner - No appearance For Respondent - Mr.A.P.Neelamegavannan 1/4

O R D E R

When the matter came up for hearing on 17.11.2017, at the instance of the learned counsel for the revision petitioner, the matter was directed to be listed under the caption "for withdrawal'' on 20.11.2017. Accordingly, the matter was listed on 20.11.2017, on which date, the learned counsel for the revision petitioner reported that he has not received any instructions from his client (revision petitioner) to withdraw the Civil Revision Petition. Thereafter, the matter was listed for three occasions. Later, the matter was not listed and it was listed in the recent past on 31.08.2021. During the last occasion, the learned counsel for the revision petitioner sought ajdournment on the ground that he has to get appropriate instructions from his client (revision petitioner). Hence, the matter was directed to listed on 06.09.2021.

2. When the matter was taken up today, none appeared on behalf of the revision petitioner. It is seen from the endorsements made in the Order Sheet that despite the matter being listed from time to time, the revision petitioner has not evinced any interest in prosecuting the case. Thus, in the 2/4

absence of any interest shown by the revision petitioner, to prosecute the case, no useful purpose would be achieved in listing the matter again and again. Hence, this Civil Revision Petition is dismissed for non prosecution. No costs.

08.09.2021 Index: Yes/No Speaking/Non-speaking Order jd/sd To The Principal Subordinate Judge, Villupuram.

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Krishnan Ramasamy, J., jd/sd C.R.P (NPD)No.4170 of 08.09.2021 4/4