Chandragiri v. Narayana Pillai(Died)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.02.2024

CORAM:

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR and C.M.P.(MD)No.7072 of 2017

1. Chandragiri

2. Rajasekaran ... Petitioners Vs.

Narayana Pillai (died)

1. Sunnanda

2. Sunitha

3. Krishnan Nair Pankajakshi Amma (died) Hariharan Nair (died) Thaniel (died) Padmajakshii Amma (died) Thankayyan Nadar (died) Muthuswamy Nadar (died) Muthaian Nadar (died) Kamalakshi Amma (died)

4. Ponnaian Nadar Lekshmanan Nadar (died) Maluk Mohammed (died) Chellakannu Nadar (died) Kumaraswamy Nadar (died)

5. Sundaram Nadar

6. Kolappan Nadar 1/6

7. Sarojini Amma Lekshmanan Nadar (died) Appu Nadar (died) Bahuleyan Nair (died)

8. Madhavankutty Nair

9. Anandavalli Amma Rajarajeswari Amma (died) Gnanamma (died)

10. Nagamony Nadar

11. Selvarajan

12. Rajan

13. Santha Kumari

14. Ajitha

15. Viju

16. Dhas

17. Kanakaraj

18. Sreenivasan

19. Nagamony Lekshmanan (died) Appu (died)

20. Gopalakrishnan

21. Muthukumar

22. Narayanan

23. Subramanian

24. Arumugam

25. Chandrakumar

26. Saraswathy Parameswaran (died)

27. Velayudhan Manikandan (died)

28. Sreedevan

29. Sundaramony

30. Rajan

31. Ummal Beevi Shahul Hameed (died)

32. Chellaswamy

33. Thankaswamy

34. Ponnuswamy Nadar 2/6

35. Retnaswamy

36. Murugan Gopalakrishnan (died)

37. Sundaram

38. Sumathi

39. Mohan

40. Murali

41. Anand

42. Syamala Kumari

43. Anitha

44. Beena

45. Sindhu

46. Deepa

47. Viju

48. Jegan

49. Suja

50. Anand

51. Mohan

52. Murali

53. Indira

54. Sumathy

55. Chellathankam

56. Jayan

57. Viji

58. Suja

59. Kamsakumari

60. Sivaprasad

61. Vijayakumar ... Respondents (Respondents 4, 7 to 9 & 13 to 19 & 26 to 28 and 31 to 60 are ex parte before the Execution Court. Hence, notice to the above respondents may be dispensed with) Prayer : This Civil Revision Petition filed under Section 115 of the Code of Civil Procedure, to allow the Civil Revision Petition and set aside the order and decreetal order of the Principal District Munsif Court, 3/6

Kuzhithurai in E.P.No.87 of 2007 in O.S.No.642 of 1969 dated 05.07.2017 and allow the Civil Revision Petition as prayed. For Petitioners : No appearance For R10 to R12 : No appearance For R20 to R25 : Mr.K.Sreekumaran Nair For R61 : Mr.K.N.Thambi

ORDER

The Civil Revision Petition is directed against the order passed in E.P.No.87 of 2007 in O.S.No.642 of 1969 dated 05.07.2017 on the file of the Principal District Munsif Court, Kuzhithurai.

2. Today, this case is listed under the caption 'for dismissal'.

3. Despite several adjournments, the revision petitioners have not paid batta till date.

4. It is evident from the records that when the matter was taken up for hearing on 09.02.2024, the learned counsel appearing for the revision petitioners submitted that they would pay batta today and requested to 4/6

pass over the matter and subsequently, when the matter was taken up later, there was no representation for the revision petitioners and hence, this Court ordered to post the matter under the caption 'for dismissal' on 21.02.2024. Even today (21.02.2024), there is no representation for the revision petitioners. Hence, this Civil Revision Petition is dismissed for default. Consequently, connected Miscellaneous Petition is closed. No costs.

21.02.2024 NCC :yes/No Index :yes/No Internet:yes/No csm To

1. The Principal District Munsif Court, Kuzhithurai.

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

5/6

K.MURALI SHANKAR ,J.

csm Order made in and C.M.P.(MD)No.7072 of 2017 Dated : 21.02.2024 6/6