Madras High CourtCMP(MD)/3405/2021dismissed for default

M.Amanullakhan v. M.Jemila Beevi

2021-11-29Honourable Ms. Justice P.T. Asha3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Monday, the Twenty Ninth day of November Two Thousand and Twenty One PRESENT The Hon`ble Ms.Justice P.T.ASHA CMP(MD). No.3405 of 2021 in C.R.P(MD).No.2118 of 2019 M.Amanullakhan ... Petitioner/Petitioner/Defendant Vs 1 M.Jemila Beevi 2 M.Fathrudeen 3 M.Abdul Hasan 4 M.Baragath Beevi 5 M.Insha Begam 6 Mugafath Beevi 7 N.Sajitha 8 S.Sameena 9 I.Safiq 10 C.Pandiammal 11 A.Rajendran 12 B.Gandhi 13 M.Balamurugan 14 M.Sathiyaraj 15 R.Revathy 16 Radha Krishnan 17 R.Panja 18 Murugesan

19 Muthulakshmi 20 Ponnusamy 21 Maragatham 22 Muniyasamy 23 Muthuraj 24 Vellaisamy 25 S.Murugesan 26 Kuppamuthu 27 Indira 28 Priya 29 Selvasundaram 30 Ravi 31 Thangavel 32 Puspam 33 Rani 34 Selvi 35 Pancharam ... Respondent/Respondent/Plaintiff Prayer :- This Petition filed Under Order IX rule 9 of Code of Civil Procedure to restore the revision petition in CRP(MD)No.2118 of 2019 which was dismissed for non-prosecution by the order of this Honourable Court dated 09.02.2021 Prayer in CRP(MD). 2118/ 2019 :

Civil Revision Petition filed under Article 227 of the Constitution of India to set aside the fair and Decreetal order dated 17.9.2019 passed in I.A.No.214/2019 in O.S. No.2/2013 on the file of the Sub Judge, Ramanathapuram.

ORDER:- This Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and the petitioner not appear in person or by Advocate this Court made the following order:

This petition is filed to restore the revision petition in C.R.P(MD) No.2118 of 2019 which was dismissed for non-prosecution by order of this Court dated 09.02.2021.

2.On 18.11.2021, when the matter was listed, it was brought to the notice of this Court that the sole petitioner was no more. However, steps had not been taken to implead his legal representatives and the matter stood adjourned to 22.11.2021. When the matter was called on the said date, there was no representation on the side of the petitioner and neither steps had been taken. Hence, the matter was directed to be listed on 24.11.2021. When the matter was listed on 24.11.2021, once again there was no representation on the side of the petitioner and neither steps had been taken. Therefore, the matter was directed to be listed today i.e., 29.11.2021 under the caption "for dismissal". Once again there is no representation and steps have not been taken. 3.In view of the above, this Civil Miscellaneous Petition is dismissed for default.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) To The Subordinate Judge, Ramanathapuram.

ORDER DATED : 29/11/2021 ==========================

ORDER

========================== CMP(MD). No.3405 of 2021 in C.R.P(MD).No.2118 of 2019 Giving direction and etc.

as stated within.

RD(14.12.2021) 3P 2C