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Madras High CourtCRP/4039/2019dismissed for default

Kumar v. J.Kanniga

2025-10-17Honourable Mr.Justice R.Sakthivel4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17-10-2025

CORAM

THE HONOURABLE MR.JUSTICE R.SAKTHIVEL C.R.P. No. 4039 of 2019 and C.M.P.No.26481 of 2019 Kumar S/o Ramasamy, No. 5/134 Gowriamman Koil Street, Enjambakkam, Chennai-115 Petitioner(s) Vs

1. J.Kanniga W/o Late D.Johnson, Res At No. 2/99b, Va-voo-si Street, Enjambakkam, Chennai-600115 2.J.Anitha D/o Late D.Johnson, Res At No. 2/99b, Va-voo-si Street, Enjambakkam, Chennai-600115 3.T.Thulasi D/o Late D.Johnson, Res At No. 2/99b, Va-voo-si Street, Enjambakkam, Chennai-600115

4.J.Asha D/o Late D.Johnson, Res At No. 2/99b, Va-voo-si Street, Enjambakkam, Chennai-600115 5.J.Divya D/o Late D.Johnson, Res At No. 2/99b, Va-voo-si Street, Enjambakkam, Chennai-600115 6.Valli W/o Kumar, Res at No. 5/134 Gowriamman Koil Street, Enjambakkam, Chennai-115 7.K.Prathipan S/o Kumar, Res At No. 5/134 Gowriamman Koil Street, Enjambakkam, Chennai-115 8.Kripa S/o Kumar, Res At No. 5/134 Gowriamman Koil Street, Enjambakkam, Chennai-115 Respondent(s) PRAYER The Civil Revision Petition is filed under Section 115 of the Civil Procedure Code to set aside the order and decree passed in I.A. No. 357 of 2019 in O.S.No. 288 of 2017, dated 04.10.2019 on the file of the Additional District Munsif, Alandur.

For Petitioner(s):

No appearance

For Respondent(s):

R1, R3, R4, R5, R6 to R8 - Not ready in Notice R2 - Served - No appearance

ORDER

When the matter was listed before this Court on 15.09.2025, this Court observed as follows:- "No representation for the petitioner. List the matter on 26.09.2025. It is made clear that no further adjournment will be granted on that date."

2. Again, when the matter was posted on 26.09.2025, there was no representation for the revision petitioner. The daily order dated 26.09.2025, reads thus:- "There is no representation for the petitioner.

2. When the matter was listed before this Court on 15.09.2025, this Court observed as follows:- "No representation for the petitioner.

List the matter on 26.09.2025. It is made clear that no further adjournment will be granted on that date.

3. Today also there is no representation on the side of the petitioner. Hence, list the matter on 17.10.2025 under the cause list caption "for dismissal."

R. SAKTHIVEL, J.

ASI

3. Today also, there is no representation on behalf of the revision petitioner. Despite sufficient opportunity having been given, the revision petitioner has not proceeded with the revision petition. Hence, this Court has no other option except to dismiss the Civil Revision Petition. Accordingly, this Civil Revision Petition is dismissed for default. There shall be no order as to costs. Consequently, connected Civil Miscellaneous Petition is closed. 17-10-2025 ASI To The Additional District Munsif, Alandur.

C.R.P. No. 4039 of 2019 and C.M.P.No.26481 of 2019