Madras High CourtCRP(MD)/2551/2018dismissed for nonprosecution

N.Alagammai Achi, v. N.Venkitachalam Chettiar,

2020-09-09Honourable Mr Justice S.S. Sundar2 pages

C.R.P(MD)(PD).No.2551 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.09.2020

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR C.R.P.(MD)(PD).No.2551 of 2018 1.N.Alagammai Achi 2.N.Chellaimmai 3.Sri.Meena 4.M.Rajeswari ... Petitioners/Petitioners/Plaintiffs Vs 1.N.Venkitachalam Chettiar ... 1st Respondent/1st Respondent/ 1st Defendant V.Rajeswari(Died) 2.V.Chellappan 3.V.Jothinarayanan 4.V.Meena 5.V.Seenivasan @ Jaganathan 6.Indus Towers Limited by its Manager, New No.74, Old No.26, 2nd Floor, Fagun Mansian, Ethiraj Salai, Chennai.

... Respondents 2 to 6/ Respondents to 7/Defendants 3 to 7 Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, to call for the records of the Subordinate Judge, Pudukkottai, made in I.A.No.433 of 2017 in O.S.No.105 of 2009 and set aside the fair and decreetal order dated 15.03.2018. For Petitioners : No Appearance

O R D E R

This Court is surprised to see that the revision petitioner has taken time on several occasions.

2.This Civil Revision petition was moved on the first occasion on 19.11.2018 and it was adjourned to 29.11.2018 at the request of the learned counsel appearing for the petitioner. Again, the matter was adjourned by two weeks as requested by the learned counsel for the petitioner. Thereafter, it was adjourned to 21.12.2018. There was no representation on the adjourned date and therefore, the matter was posted for dismissal on 03.01.2019. However, at request of the learned counsel for the petitioner, the matter was once again adjourned, after removing the caption for dismissal on 25.01.2019. Thereafter, the matter was adjourned either at the request of the https://hcservices.ecourts.gov.in/hcservices/

C.R.P(MD)(PD).No.2551 of 2018 learned counsel for the petitioner seeking adjournment or for nonappearance of the learned counsel for the petitioner on several occasions.

3.This Court noticed that there was no representation for the petitioner and no one was connected on 21.08.2020. Again when the matter was called on 28.08.2020, there was no representation for the petitioner. Hence, this Court directed the Registry to post the matter under the caption 'for orders'.

4.Today the matter appears in the list under the caption 'for orders' and no one is present on behalf of the petitioner through video conferencing. The attitude of the petitioner's counsel cannot be appreciated.

5.I find no merit in this Civil Revision Petition. This Court has no other option except to dismiss the revision petition for nonprosecution. Accordingly, this Civil Revision Petition is dismissed for non-prosecution. No costs.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2020 Sub Assistant Registrar(CS) Ns Note:In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purpose, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To The Subordinate Judge, Pudukkottai.

C.R.P.(MD) (PD) .No.2551 of 2018 09.09.2020 AP(22/09/2020) 2P 2C https://hcservices.ecourts.gov.in/hcservices/