Mohideen Pitchai, v. Boominathan,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 13.06.2023

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Mohideen Pitchai, Represented by his Power Agent, Ramakrishnan.

... Petitioner Vs.

Boominathan ... Respondent PRAYER : Civil Revision Petition is filed under Section 115 of the Code of Civil Procedure, to set aside the order passed in I.A.No.72 of 2015 made in O.S.No.11 of 2012 on the file of the learned District Munsif cum Judicial Magistrate, Kamudi dated 04.07.2015.

For Petitioner : Mr.K.P.Ramesh Sole Respondent : Died 1/3

ORDER

The learned Counsel for the petitioner is present today and he submitted that the sole respondent had died and particulars may be given to him to file a fresh suit for the same cause of action for impleading the legal heirs of the sole respondent herein. However, a perusal of the records would make it clear that on 12.11.2020 itself the factum that the sole respondent in this case had passed away was brought to the notice of the petitioner herein. Even then he had taken lot of adjournments before this Court, he never turned up to implead the legal heirs of the deceased sole respondent. In view of the same, this Civil Revision Petition stands dismissed as abated. There shall be no order as to costs.

13.06.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No BTR 2/3

L.VICTORIA GOWRI, J.

BTR To 1.The District Munsif cum Judicial Magistrate, Kamudi.

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

Order made in 13.06.2023 3/3