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Madras High CourtCMP(MD)/6908/2019dismissed for nonprosecution

Thirunavukarasu (Died), Saraswathi v. Varadarajan

2024-04-10Honourable Mr Justice P.D.Audikesavalu5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.04.2024 C O R A M THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU C.R.P. (MD) S.R. 20703 of 2019 and Thirunavukarasu (Died) 1.Saraswathi 2.Kanagarajan 3.Mohan 4.Maheshwari 5.Ambika ... Petitioners / Petitioners Vs.

Varadarajan ... Respondent / Respondent PRAYER in : Petition filed under Section 151 of Civil Procedure Code, to accept the cause title in filing the Civil Revision Petition.

PRAYER in C.R.P. (MD) S.R. 20703 of 2019 : Petition filed under Section 115 of the Civil Procedure Code to set aside the order dated 27.03.2017 made in P.No. 33 of 2006 on the file of the Special Deputy Collector Revenue Court, Thanjavur and allow the Civil Revision Petitioner. For Petitioners : Mr.G.Gomathi Sankar For Respondent : No appearance 1/5

ORDER

Learned Counsel appearing for the Petitioners submits that the Petitioners have collected the case bundle along with the consent for change of vakalat to engage another Counsel. It is informed by the Registry that none has entered appearance on behalf of the Petitioner till date. There does not appear to be any useful purpose being served in keeping this Civil Revision Petition pending indefinitely when the Petitioners are not interested in prosecuting the same.

2.

In view of the same, the Civil Miscellaneous Petition is dismissed for non-prosecution. It is made clear that the Petitioner is not precluded from applying for revival of the Civil Revision Petition in C.R.P. (MD) SR 20703 of 2019, if necessary, in accordance with law. Consequently, the connected Miscellaneous Petition is closed. No costs.

10.04.2024 Index : Yes/No Internet : Yes/No ssb 2/5

To:

1.The Special Deputy Collector Revenue Court, Thanjavur

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

Copy to:

1. Saraswathi, W/o.Thirunavukkarasu, Thachan Iruppu Street, Umaiyalpuram, Papanasam Taluk, Thanjavur District.

2. Kanagarajan S/o.Thirunavukkarasu, Thachan Iruppu Street, Umaiyalpuram, Papanasam Taluk, Thanjavur District.

3. Mohan S/o.Thirunavukkarasu, Thachan Iruppu Street, Umaiyalpuram, Papanasam Taluk, Thanjavur District.

4. Maheshwari D/o.Thirunavukkarasu, Thachan Iruppu Street, Umaiyalpuram, Papanasam Taluk, Thanjavur District.

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5. Ambika D/o.Thirunavukkarasu, Thachan Iruppu Street, Umaiyalpuram, Papanasam Taluk, Thanjavur District.

6.Varadarajan S/o.Late.Seshasthiri Iyengar, No.12, Padmanabhan Street, Kumbakonam, Thanjavur District.

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P.D.AUDIKESAVALU,J.

ssb in C.R.P. (MD). S.R. 20703 of 2019 10.04.2024 5/5