The Civil Miscellaneous Petition is filed to condone the delay of 25 days in filing Civil Revision Petition.
2.The revision petition is directed against the dismissal of Section 5 Application to condone the delay of 3335 days in filing the petition to set aside the ex parte decree. The ex parte decree was passed on 14.12.2006. After the lapse of 10 years, the application was filed to condone the delay and the same was dismissed. Even thereafter, the petitioner is not vigilant in pursuing his right.
3.When this petition to condone the delay of 25 days, came up before this Court on 10.11.2016, this Court directed the petitioner to take private notice along with Court notice.
4.Today, the learned counsel for the petitioner represents that he has not taken private notice to the respondent and seeks further time. The petitioner though approached this court belatedly, has been shown indulgence by the Court to agitate his case after putting the respondent into notice. The petitioner has not availed the opportunity. Hence, this court finds no reason to keep this revision petition pending any further.
Accordingly, C.R.P(MD)SR.No.42067 of 2016 and C.M.P(MD)No.10564 of 2016 are dismissed for non-prosecution.
To The District Munsif cum Judicial Magistrate, Bodinaickanur..