Maragatham v. Mohan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.04.2023 C O R A M THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU in Maragatham ... Petitioner Vs.

1.Mohan 2.Sivaprakasam 3.Sabapathi 4.P.Dhanasekar 5.P.Asokan 6.Raja Maniammai 7.Padmanabhan 8.Manickaasagam 9.Suceela 10.Azagesan 11.Vivekananthan 12.Mallika 13.Thavasinathan 14.Amma Pillai 15.Saroja 16.Amutha 17.Selvan 18.Saravanan 19.Gunasundar 20.Latha ... Respondents 1/4

PRAYER in : Petition filed under Section 5 of the Limitation Act to condone the delay of 311 days in filing the Civil Revision Petition.

PRAYER in : Petition filed under Section 115 of the Civil Procedure Code, to set aside the order in E.A. No. 331 of 1999 in E.P. No. 73 of 1979 in O.S. No. 115 of 1978 on the file of the Principal District Munsif Court, Nagercoil dated 30.06.2003. For Petitioner : No Appearance For RR 3, 5, 11 R 20 : No Appearance For R6 to R10 12 to 19 : Ex-parte For R1 : No Appearance For R4 : Dismissed

ORDER

Though the matter has been posted under the caption 'for dismissal', there was no representation for the Petitioner when the matter was called at 10.50 a.m., today, apart from the earlier hearing on 28.03.2024. There does not appear to be any useful purpose being served in keeping the Civil 2/4

Miscellaneous Petition pending indefinitely when the Petitioner is not interested in prosecuting the same.

In such circumstances, the Civil Miscellaneous Petition is dismissed for non-prosecution. Consequently, the Civil Revision Petition in C.R.P. (MD) SR 11314 of 2004 is rejected in SR stage itself. No costs. 16.04.2024 Index : Yes/No Internet : Yes/No ta To:

1.The Principal District Munsif Court, Nagercoil 2.Maragatham, W/o.Thangasamy, Muthamil Street, Near Court, Nagercoil.

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

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P.D.AUDIKESAVALU,J.

ta in 16.04.2024 4/4