Madras High CourtCRP(MD)/1639/2011dismissed for nonprosecution

Hitlar v. Subash Chandraboss

2019-08-21Honourable Mr Justice S.S. Sundar2 pages

C.R.P(PD)(MD)No.1639 of 2011 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.08.2019

CORAM

THE HON'BLE MR.JUSTICE S.S.SUNDAR C.R.P(PD)(MD)No.1639 of 2011 and M.P.(MD)No.1 of 2011 Hitlar : 1st Petitioner/1st Plaintiff/Petitioner .. Vs ..

1.Subash Chandraboss : 2nd Petitioner/2nd Plaintiff/Respondent 2.Sundaravadivel 3.Rajalingam 4.Appukannu 5.The Executive Officer, Kandeswaranswaranswami Kovil, Thamarangottai, Thamarangottai Village, Pattukkottai Taluk and Munsifi.

6.The Inspector, Hindu Religious and Charitable Endowment Department, Pattukkottai, Palaniyappan Street, Pattukkottai Taluk and Munsifi.

7.The Joint Commissioner, Hindu Religious and Charitable Endowment Department having office at Thanjavur, Thanjavur Munsifi.

8.The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, having office at Thanjavur, Thanjavur Munsifi.

Respondents/Defendants/Respondents (No relief is claimed against 1st respondent) https://hcservices.ecourts.gov.in/hcservices/ 1/2

C.R.P(PD)(MD)No.1639 of 2011 PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, praying to set aside the fair and decretal order passed by District Munsif Court, Pattukkottai in I.A.No.478 of 2010 in O.S.No.42 of 2005, dated 23.11.2010.

For Petitioner : Mr.M.R.S.Prabhu For Respondents 1&5 : No appearance For Respondent 2 : Mr.R.P.Ramachandran For Respondents 3 : Mr.S.Deenadayalan For Respondents : Mr.J.Gunaseelan Muthiah 6, 7 & 8 Respondent 4 - Died - - - - -

ORDER

The learned Counsel appearing for the revision petitioner filed a memo dated 21.08.2019 stating that the revision petitioner's legal heirs did not contact the learned Counsel for taking steps to implead the legal representatives of the deceased petitioner. It is in the said circumstances, the petitioner has also reported no instructions. The date of death of revision petitioner is not known from the memo. Since the legal heirs of the deceased petitioner are not interested in prosecuting the case, there is no purpose in serving notice on them through Court. In such circumstances, this Civil Revision Petition is dismissed for non-prosecution. No costs. Consequently, the connected miscellaneous petition is closed. Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar To The District Munsif Court, Pattukkottai.

C.R.P(PD)(MD)No.1639 of 2011 21.08.2019 SRM MS/17.09.2019/2P.2C https://hcservices.ecourts.gov.in/hcservices/ 2/2