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2025 Supreme(Online)(Mad) 72163

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr.Justice R.SAKTHIVEL
S. SITRARASU – Appellant
Versus
MATHIYAZHAGAN (DIED) – Respondent



IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 28/11/2025 CORAM THE HONOURABLE MR. JUSTICE R.SAKTHIVEL AND C.M.P.NO.5757 OF 2021

1.S.Sitrarasu. 2.S.Sundaram ... Petitioners/ Petitioners/

Judgment Debtors 2 & 3 /

Defendant 2 & 3 Vs.

Mathiyazhagan (died)

1.Elamathi

2.Elakkiyamathi ... Respondents/Respondents/

Decree Holders/Plaintiff Soundarrajan (died) ... Respondent/Respondent/

1st Judgment Debtor/

1st Defendant

3.Sirish Kumar Brothers

4.K.Prabhakaran

5.Hari

6.Rajendran 7.Umapathy

8.Nagalakshmi 9.Suria Kumari 10.Jayaprakash

11.Nithiya Lakshmi

12.Saravanan

13.Revathi ... Respondents/Respondents/

Judgment Debtors 4 to 14/

Defendants 4 to 15 PRAYER : Civil Revision Petition filed under Article 227 of the Constitution of India, 1950, praying to allow the above Revision by setting aside the Order dated March 18, 2020 in E.A.No.03 of 2019 in E.P.No.21 of 2018 in O.S.No.1308 of 1997 on the file of District Munsif Court, Thiruvotriyur.

For Petitioner : No appearance For Respondents-1 & 2 : Mr.K.Prabhakaran For Respondent-3 : No such person For Respondents-4 & 6 : Left For Respondents-7, 12 & 13 : Refused For Respondents-8 to 11 : Served – No appearance

O R D E R

Today when the matter came up for hearing before this Court, there is no representation on behalf of the Revision Petitioners. (i)The Daily Order dated September 15, 2025 reads thus:

“Mr.P.Pradeep representing Mr.R.Rangarajan, learned counsel on record for the revision petitioner and Mr.K.P.Dinesh, learned counsel on record for R1 and R2 are before this Court.

2. The representing counsel for the revision petitioner seeks short accommodation. Request acceded to.

3. List the matter on 26.09.2025. It is made clear that no further adjournment will be granted on that date.”

(ii)The Daily Order dated September 26, 2025 reads thus:

“Mr.P.Pradeep, learned counsel representing Mr.R.Rangarajan, counsel on record for the revision petitioner and Mr.K.P.Dinesh, learned counsel on record for R1 and R2 are before this Court.

2. The representing counsel for the revision petitioner seeks short accommodation.

3.Request acceded to list the matter on

17.10.2025 as no further adjournment.”

(iii)The Daily Order dated October 17, 2025 reads thus:

“No representation for the revision petitioner as well as the respondents. List the matter on

11.11.2025 under the caption ''for dismissal''.”

2.As it could be seen from the previous daily order extracts, despite sufficient opportunities given, the Revision Petitioners did not choose to contest and argue this Civil Revision Petition. Under such circumstances, this Court has no other option except to dismiss the Civil Revision Petition for default. Accordingly, this Civil Revision Petition is dismissed for default. Considering the facts and circumstances of the case, there shall be no order as to costs. Consequently, connected Civil Miscellaneous Petition is closed.

28/11/2025 Index : Yes Speaking Order : Yes Neutral Citation : Yes pam To The District Munsif Court, Thiruvotriyur.

R. SAKTHIVEL, J.

pam

28/11/2025

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