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2026 Supreme(Online)(Ker) 14356

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P. KRISHNA KUMAR, J
SHEREEFA BEEVI – Appellant
Versus
ABDUL MUTHALIF – Respondent
OP(C) NO. 2970 OF 2015



Advocates:
For the Appellants/Petitioners: SHRI.H.RAMANAN, SRIALEX THOMAS
For the Respondents: SRI.S.SREEKUMAR

The court has the discretion to close a petition for non-prosecution when the petitioner fails to pursue it.

Headnote:The petitioner filed OP

(C) No. 2970 of 2015, against the order dated 01.09.2015 in CMA No.84 of 2014. The court found that notice was returned due to the death of the party. Thus, the petition was closed for non-prosecution. The court emphasized the importance of active participation in proceedings.

JUDGMENT

Learned counsel for the petitioner submitted that although notice was issued by registered post, it was returned with an endorsement that the party is no more. It is further submitted that, he has no instructions.

Hence, the petition is closed for non-prosecution.

Sd/-

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