Jeya v. Leelavathi(Died),

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.11.2024

CORAM:

THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR and CMP(MD)No.10086 of 2017 Jeya ... Petitioner/Petitioner/3rd Defendant Vs Leelavathi (Died) 1.Balasubramanian @ Raja 2.S.K.Devika ... Respondents 1 and 2/Respondents 2 & 3/Plaintiffs 3.Masanamuthu 4.Chithiraipandi ... Respondents 3 & 4/Respondents 4 & 5/Defendants 1 & 2 Prayer:

This Petition is filed under Article 227 of the Constitution of India to set aside the fair and decreetal order made in I.A.No.119 of 2015 in O.S.No.57 of 2012 by the District Munsif Court, Thiruchendur, dated 03.04.2017. For Petitioner : Mr.P.Chellapandian For Respondents : No Appearance for R4

ORDER

The Civil Revision Petition is filed to set aside the fair and decreetal order made in I.A.No.119 of 2015 in O.S.No.57 of 2012 by the District Munsif Court, Thiruchendur, dated 03.04.2017.

2.This Court, by order dated 19.10.2024, directed the petitioner to pay Batta on or before 24.10.2024. Again the matter was listed on 22.11.2024 and this Court directed the Registry to put up a note with regard to the payment of Batta. The learned counsel for the petitioner submits that the notice was taken to the wrong address. However, these are all lamb excuses that too substantiate that they have taken Batta. As per the direction of this Court, the Registry has also put up a note and the same is extracted hereunder:

"In this regard, it is further submitted that Batta has not been filed within 24.10.2024 and hence notice could not be issued and proof of service regarding private notice has also not been filed."

3.For the above reasons, since the Batta was not paid as directed by this Court, the Civil Revision Petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

26.11.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No sji To The District Munsif Court, Thiruchendur.

N.SENTHILKUMAR, J.

sji 26.11.2024