Madras High CourtCRP(MD)/728/2017dismissed for default

Muthuvenkatachalapathi v. Ramiah @ Ramakrishnan Ambalam

2023-07-06Honourable Mr. Justice C.Kumarappan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.07.2023

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN and C.M.P(MD)Nos.3330 of 2017 and 2689 of 2018 1.Muthuvenkatachalapathi Muthu Kumarasamy (Died) 2.Jeyasri 3.Minor Logesh Pandi 4.Minor Ramkumar

...Petitioners/

Proposed Parties Vs.

Ramiah @ Ramakrishnan Ambalam (Died) 1.R.M.Subramanian 2.R.M.Muthu Palaniappan 3.R.M.Muthuramalingam 4.Ambika

...Respondents/

Respondents 2 to 5/ Defendants 2 to 5 Sakkubai (Died) Meenal (Died) 1/4

PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, setting aside the fair and executable order dated 11.08.2016 passed in I.A.No.641 of 2015 in O.S.No.328 of 2011 on the file of the District Munsif Court, Melur.

For Petitioner : No Appearance For R1 : Mr.P.Santhana Krishnan COMMON ORDER This civil revision petition has been filed against the order passed by the District Munsif Court, Melur in I.A.No.641 of 2015 in O.S.No. 328 of 2011 dated 11.08.2016.

2. On perusal of the order sheet, it is seen that on 15.02.2022, the learned counsel appearing on behalf of the petitioner reported no instructions. It has also come to the light of this Court that the first respondent has died and steps have also been taken to implead the legal heirs of the first respondent. Since the learned counsel for the petitioner reported no instructions, notice was ordered on the petitioner and again on 29.03.2022, fresh notice was ordered to the petitioner.

3. Further, vide order dated, 15.06.2023, it was recorded that the notice sent to the petitioner was returned with an endorsement 2/4

"unclaimed". Hence, Registry was directed to print the name of the petitioner in the cause list. As directed, the name of the petitioner was printed in the cause list. There is no representation on behalf of the petitioner today and in previous hearing also.

4. Since there is no interest shown by the petitioner and there is no appearance on behalf of the petitioner, no purpose would be served in retaining the civil revision petition.

5. In the result, the civil revision petition stands dismissed for default. Consequently, connected miscellaneous petitions are closed. No costs.

06.07.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No sn To 1.The District Munsif Court, Melur.

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

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C.KUMARAPPAN ,J.

SN 06.07.2023 4/4