Madras High CourtCRP(MD)/2414/2013dismissed for nonprosecution

S.Selvam, v. Lakshmana Servai,

2023-06-16Honourable Mrs Justice L.Victoria Gowri4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 16.06.2023

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and M.P(MD)No.1 of 2013 and C.M.P(MD)No.2063 of 2020 S.Selvam Through its Power Agent, S.Radha ... Petitioner Vs.

1.Lakshmana Servai 2.Ramu Servai 3.N.Kalai Selvi ... Respondents PRAYER : Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order dated 26.10.2013 made in I.A.No.411 of 2013 in O.S.No.61 of 2007 on the file of the District Munsif Court, Paramakudi.

For Petitioner : Mr.S.Siva Thilakar For R-1 : Mr.V.Srinivasan R-2 & R-3 : Dismissed 1/4

ORDER

Since the main case as against the respondents 2 and 3 were dismissed vide Court order, dated 19.12.2014, the petitioner has filed the petition to condone the delay of 240 days in restoring the revision as against the respondents 2 and 3.

2. When the condone delay petition was called up for hearing on 24.04.2023, there was no representation on the side of the petitioner. Thereafter the condone delay petition was posted on 26.04.2023. On which date, the learned Counsel for the petitioner submitted that he has to get instructions from his client. Thereafter the condone delay petition was posted on 09.06.2023. On which date, there was no representation on the side of the petitioner. Hence, the condone delay petition was posted today under the caption 'For Dismissal'. Even today, the representing Counsel appearing for the petitioner appeared and sought time. Though sufficient opportunity was granted to the petitioner, he did not turn up to argue the 2/4

condone delay petition. Since the petitioner is not interested to pursue the matter, this Court has no other option except to dismiss the condone delay petition. Accordingly, the C.M.P(MD)No.2063 of 2020 is dismissed. Though the condone delay petition is dismissed, there is no necessity in keeping the Civil Revision petition pending as against the first respondent alone. Hence, the main Civil Revision Petition itself is dismissed. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions stand closed.

16.06.2023 NCC : Yes / No Index : Yes / No Internet : Yes BTR To 1.The District Munsif Court, Paramakudi.

2.The Section Officer, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

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L.VICTORIA GOWRI, J.

BTR Order made in 16.06.2023 4/4