2026 Supreme(Online)(Mad) 49257
IN THE HIGH COURT OF JUDICATURE AT MADRAS
A.D. Maria Clete, J
R.Ravi and 2 others – Appellant
Versus
No Respondent – Respondent
OP No. 31 of 2024
Advocates:
For the Appellants/Petitioners: No representation
For the Respondents: Nil
A judicial proceeding may be dismissed for non-prosecution when the petitioner fails to appear or be represented, evincing a lack of interest in pursuing the petition.
Headnote:The petitioners filed an application for the issuance of a succession certificate under S. 372 of the Indian Succession Act, 1925, read with R. 6 of the Original Side Rules. The objective was to obtain legal authority to collect debts and receive interest related to the scheduled property. The court noted that multiple opportunities had been provided for hearing, yet the petitioners failed to make any representation through counsel. The primary issue before the court was whether the petition could be maintained or determined given the continued absence of the petitioners. The court observed that the persistent lack of representation indicated a lack of interest in prosecuting the matter, thereby warranting dismissal in accordance with judicial procedure for non-appearance. The Original Petition is dismissed for non-prosecution.
| Table of Content |
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| 1. dismissal of petition due to continuous non-representation by the petitioner. (Para 1 , 2) |
PRAYER: Original Petition filed under Section 372 of the Indian Succession Act, 1925 r/w. Order XXV, Rule 6 of the Original Side Rules, praying to grant a Succession Certificate to the Petitioners i.e. Dr.R.Ravi Ramamurthi, Ms.Lavanya Vijayaraghavan and Mr.Vivek Vijayaraghavan with power to collect the debts and to receive the interest in the schedule hereto.
ORDER
When the matter was listed for hearing on 30.04.2026, there was no representation for the petitioners, hence, Registry was directed to list the matter under the caption “for dismissal” today i.e., 11.06.2026. When the matter is called today there was no representation for the petitioners and hence it is clear and evident that the petitioners are not interested in prosecuting the Original Petition.
2. Hence, this Original Petition is dismissed for non prosecution. No costs.
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