Madras High CourtCRP/4353/2018dismissed

M.M.Ahmed Hussain (Died) v. A.Liyakath Ali

2021-07-28Honourable Mr Justice G.K. Ilanthiraiyan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.07.2021

CORAM

THE HON'BLE Mr. JUSTICE G.K.ILANTHIRAIYAN C.R.P.(NPD) No. 4353 of 2018 and CMP No.23803 of 2018 M.M.Ahmed Hussain (Died)

1. K.A.Noorjahan

2. Nawaz Ali

3. M.A.Sabeir Ali

4. M.A.Hyderali

5. A.Thulbuhar Ali

6. M.A.Riyaz Ali

7. M.A.Ansar Ali

8. M.A.Azaruddin Ali

9. Benazir Banu ....

Petitioners Vs

1. A.Liyakath Ali

2. Jayanthi

3. Dilip Kapoor

4. Raj Kapoor

5. Veronica

6. Ameena

7. Rubiya

8. Nawaz Ali Proprietor, India Electricals, 1/5

9. Nizamudhin Proprietor, Thyfans Electrical

10. Rafi Proprietor, Leading Trading Company,

11. Asian Tools Centre, Rep. by Partners, Nazar Mohamed and Natarajan,

12. Ms.Banushah Property, Jam Nagar Brass Components Unit,

13. Deepak Aggarwal, Prop. Kanta Enterprises,

14. Askar Bai, Ekohn Diesel Spares, 2/5

15. Faridha, Proprietrix, Abbas Enterprises, ....

Respondents Prayer :- Civil Revision Petition is filed under Section 115 of the Civil Procedure Code, to set aside the fair and decreetal order dated 13.06.2018 made in E.A.No.58 of 2018 in E.P.No.154 of 2013 in E.P.No.4 of 2011 in RCOP No.221 of 1995 on the file of the learned Principal District Munsif, Coimbatore.

For Petitioners : Mr.K.S.Karthik Raja

ORDER

This Civil Revision Petition has been filed against the fair and decreetal order dated 13.06.2018 made in E.A.No.58 of 2018 in E.P.No.154 of 2013 in E.P.No.4 of 2011 in RCOP No.221 of 1995 on the file of the learned Principal District Munsif, Coimbatore, thereby allowing the petition to re-open the petitioners' side evidence in E.A.No.154 of 2013.

2. When the matter was posted for admission on 04.01.2019, at the request of the learned counsel for the petitioners, it was adjourned to 10.01.2019. Today, when the matter is listed, the learned counsel for the petitioners sought for adjournment.

3/5

3. In view of the above, it clearly shows that the learned counsel for the petitioners has no interest in proceeding with the case further. Further, the Civil Revision Petition is pending for the past three years, without even admitting the same or ordering notice. Therefore, this Court is not inclined to entertain this petition. Accordingly, the Civil Revision Petition is dismissed. Consequently, connected Miscellaneous Petition is closed. No costs.

28.07.2021 Lpp Index:Yes/No Internet:Yes/No To The Principal District Munsif, Coimbatore.

4/5

G.K.ILANTHIRAIYAN.J, Lpp C.R.P.(NPD) No. 4353 of 2018 and CMP No.23803 of 2018 28.07.2021 5/5