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Madras High CourtAS/497/2011dismissed as abated

Mr.N.Duraivel v. Mrs.G.Thilagavathy

2023-06-23Honourable Mr Justice D.Bharatha Chakravarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.06.2023 CORAM :

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY N.Duraivel .. Appellant

Versus

1. G.Thilagavathy

2. D.Kesavamurthy

3. S.Narayanan

4. Saraswathy

5. Thiruburasundari

6. Sasikala

7. Dhanalakshmi .. Respondents Prayer : Appeal Suit filed under Order XLI Rules 1 and 2 r/w Section 96 of the Code of Civil Procedure to set aside the decree and judgment, dated 29.04.2010 made in O.S.No.2411 of 2007 on the file of the learned Additional District Judge (Fast Track Court No.I), Chennai. For Appellant : Mr.S.Umapathy For Respondents : Mr.S.Surya Prakash, for RR-1, 4 to 6 : RR-3 and 7 - Dismissed 1/3

JUDGMENT

Mr.S.Umapathy, the learned Counsel for the appellant submits that the appellant has since passed away and his legal heirs have not come forward to contest the suit.

2. The learned Counsel also submits that even the connected Appeal Suit in A.S.No.177 of 2012, filed by the other side, stood withdrawn.

3. Therefore, the Appeal Suit is dismissed as having abated. 23.06.2023 Index : yes/no Speaking order/Non-speaking order : yes/no grs To

1. The Additional District Judge (Fast Track Court No.I), Chennai.

2. The Section Officer, V.R Section, High Court of Madras.

2/3

D.BHARATHA CHAKRAVARTHY, J., grs 23.06.2023 3/3