Madras High Court
S.Kamal vs Amutha on 13 September, 2022
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED 13.09.2022
CORAM
THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN
REV.APLC(MD)No.41 of 2022
in
S.A(MD)No.240 of 2021
S.Kamal ..Petitioner/Appellant
Vs
Amutha ..Respondent/Respondent
Prayer: Review Petition filed under Order 47 Rule 1 r/w Section 114 of
Civil Procedure Code praying this Court to review the order passed by
this Court in S.A(MD)No.240 of 2021, dated 14.12.2021.
For Petitioner :No appearance
ORDER
This Review Petition has been filed to review the order passed by
this Court in S.A(MD)No.240 of 2021, dated 14.12.2021.
2.Though notice was served on the Petitioner/appellant and name
printed in the cause-list, there is no appearance on behalf of the
Petitioner either in person or through counsel.
3.The
https://www.mhc.tn.gov.in/judis Second Appeal in question was filed against the judgment and
decree made in A.S.No.31 of 2019, dated 24.11.2020, on the file of the
Principal Subordinate Court, Srivilliputhur confirming the judgment and
decree made in O.S.No.206 of 2011, dated 27.2.2019, on the file of the
Principal Districtr Munsif and Judicial Magistrate Court No.I,
Srivilliputhur.This Court by judgment, dated 14.12.2021 dismissed the
Second Appeal confirming the judgment and decree of the Courts below
stating that no substantial question of law arise for consideration in this
apepal.
4.When the matter was taken up for hearing on 27.07.2022
Ms.Jeevajothi, learned Junior Counsel representing the Counsel on record
for the Review Petitioner states that she had already handed over the
case bundle to the Petitioner/appellant and has no instructions from the
Petitioner/appellant and prayed this Court to send notice to the parties
concerned. Accordingly, Registry is directed to issue notice to the
Petitioner/appellant returnable in four weeks. Though notice was served
on the Petitioner/appellant and name printed in the cause-list, there is no
representation for the Petitioner/appellant and hence the Registry is
again directed to verify as to whether any vakalath has been filed on
behalf of the Petitioner/appellant and to post the matter under the caption
''for dismissal'' on 13.09.2022, by order of this Court, dated 2.9.2022.
5.When the matter is taken up for hearing today, there is no
https://www.mhc.tn.gov.in/judis
representation on behalf of the Petitioner/appellant either in person or
through counsel.This shows that the Petitioner/appellant is not interested
in prosecuting the Review Petition any further. Hence, this Court has no
other option except to dismiss the Review Petition for non-prosecution.
6.Accordingly, the Review Petition stands dismissed for non
prosecution. No costs.
13.09.2022
Index : Yes/No
Internet:Yes/No
vsn
https://www.mhc.tn.gov.in/judis
V.BHAVANI SUBBAROYAN,J
vsn
ORDER MADE IN
REV.APLC(MD)No.41 of 2022
in
S.A(MD)No.240 of 2021
13.09.2022
https://www.mhc.tn.gov.in/judis
https://www.mhc.tn.gov.in/judis
https://www.mhc.tn.gov.in/judis
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