Madras High CourtCRP(MD)/1932/2016dismissed for default

Mangaiyarkarasi v. Venkatapathy

2023-07-21Honourable Mr. Justice C.Kumarappan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.07.2023

CORAM:

THE HONOURABLE MR.JUSTICE C.KUMARAPPAN C.R.P.(NPD)(MD)No.1932 of 2016

1. Mangaiyarkarasi

2. Punithavalli

3. Valli,

4. Karpagavalli

5. Sivasakthi.

... Petitioners/Appellants 2, 4 to 7 Petitioners 2, 4 to 7 -vs1. Venkatapathy

2. Singaravelu ... Respondents 1 and 2/Respondents 1 &2 /Respondents 1 and 2

3. Sridharan

4. Sankar

5. Subha ... Respondents 3 to 5 in C.R.P (LR of Gnanapoongothai/ 3rd Petitioner in R.C.O.P .

PRAYER: Civil Revision Petition is filed under Section 25 of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, against the judgment and decree in R.C.A.No.19 of 2003, dated 30.10.2006 on the file of the Appellate Rent Controller/Principal Subordinate Judge, Kumbakonam confirming the fair and decreetal order in R.C.O.P.No.12 of 1996, dated 08.04.2003 on the file of the Rent Control Court-cum-Principal District Munsif Court, Kumbakonam.

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For Petitioners : No appearance For Respondents : No appearance

O R D E R

When the matter came up for hearing, there is no representation on either side.

2. On perusal of the order sheet dated 22.06.2023, it is seen that, the learned counsel appearing for the revision petitioners reported no instructions from the petitioners and he has also filed a memo to that effect. Hence, this Court ordered notice to the petitioners returnable by 13.07.2023. When the notice was issued to the petitioners, the notice sent to the petitioners 1, 2, 3 and 5 returned with an endorsement as "vacated, no such person, insufficient address and not known" respectively. In respect of 4th petitioner, name was printed in the cause list, and no one appeared on behalf of her.

3. Therefore, there is no representation on behalf of the petitioners in 2/4

spite of notice was issued upon them which could not be served, in view of the reasons stated herein above.

4. On perusal of the records, this civil revision petition arising out of the order passed by the learned Rent Control Appellate Tribunal. Since there is no representation for the petitioners and upon the reason that the petitioners' counsel already reported no instructions, there is no purpose in keeping this revision petition on file.

5. Hence, this Civil Revision Petition is dismissed for default. There shall be no order as to costs.

21.07.2023 NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi To

1. The Appellate Rent Controller/Principal Subordinate Judge, Kumbakonam.

2. The Rent Control Court cum Principal District Munsif Court, Kumbakonam.

C.KUMARAPPAN,J.

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