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Madras High CourtCRP(MD)/1002/2014dismissed for default

Krishnammal, v. Paluvarnam,

2023-02-16Honourable Mrs Justice L.Victoria Gowri4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.02.2023

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and M.P(MD) No.1 of 2014 Krishnammal ... Petitioner versus 1.Paluvarnam 2.Rajalingam 3.Balakrishnan 4.P.Sornam 5.S.Saraswathi 6.S.Selvi 7.A.Thangavel 8.A.Ponnulingam 9.A.Mohan 10.A.Kavitha 11.Anitha 1/4

12.P.Sivalingam @ Siva 13.P.Paulthurai 14.P.Ponlekshmi 15.P.Retnammal ... Respondents Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order passed in I.A.No.160 of 2013 in O.S.No.236 of 2008 on the file of II Additional District Munsif, Nagercoil.

For Petitioners : Mr.M.P.Senthil For R1 to R3 : Mr.P.Thiagarajan

ORDER

When the matter is called up for hearing, both the learned counsel for the petitioner and the respondents 1 to 3 are present. The learned counsel for the petitioner has filed a memo dated 29.11.2021 stating that the sole petitioner, namely, Krishnammal, died on 24.08.2019 and the legal heirs of the deceased sole petitioner are already on record as respondents 12 to 15. 2/4

Therefore, no abatement will arise as against the petitioner. However, when the learned counsel for the petitioner contacted his clients to effect the same, they did not turn up.

2. Also another memo is filed by the learned counsel for the respondents 1 to 3 stating that the second respondent, namely, Rajalingam died on 20.02.2021 and he has given the details of the legal representatives. Since the petitioner has not taken any steps to implead the legal representatives of the deceased second respondent, this Civil Revision Petition stands abated as against the second respondent. 3.Since the legal representatives of the deceased sole petitioner did not take any steps to conduct this civil Revision petition, the same is dismissed for default. No costs. Consequently, connected miscellaneous petition is closed.

16.02.2023 NCC : Yes/ No Index : Yes / No Internet : Yes / No cp 3/4

L.VICTORIA GOWRI,J.

cp To The II Additional District Munsif, Nagercoil.

and M.P(MD) No.1 of 2014 16.02.2023 4/4