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Madras High CourtCMA/1990/2008dismissed as abated

G.V.Venkatesan v. G.V.Viswanathan

2023-10-04Honourable Mr Justice M.Dhandapani4 pages

THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 04.10.2023 CORAM :

THE HONOURABLE MR. JUSTICE M. DHANDAPANI C.M.A.No.1990 of 2008 G.V.Venkatesan ... Appellant/Petitioner/1st Respondent Vs.

1.G.V.Viswanathan 2.G.V.Srinivasan 3.G.V.Subramaniam (died) 4.Padma Krishnamoorthi 5.Minor Yashwanth 6.Padmavathiammal 7.Venkatalakshmi 8.K.V.Dhanaseelan 9.K.Padmanabhan 10.Kunjammal Veerakkal 11.Manonmani 12.Minor Nivethitha 13.Minor Sujitha 14.S.V.Venkatasubramanian ... Respondents/Respondents [R-14 brought on records as LR of the deceased 3rd respondent vide order dated 12.09.2018 made in C.M.P.Nos.11896 to 11898 of 2018 in C.M.A.No.1990 of 2008] C.M.A.No.1991 of 2008 G.V.Venkatesan ... Appellant/Petitioner/1st Respondent Vs.

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1.K.V.Dhanaseelan 2.K.Padmanabhan 3.G.V.Srinivasan 4.G.V.Subramaniam (died) 5.G.B.Viswanathan 6.Padma Krishnamoorthi 7.Minor Yashwanth 8.Padmavathiammal 9.Venkatalakshmi 10.Kunjammal @ Veerakkal 11.Manonmani 12.Minor Nivethitha 13.Minor Sujitha 14.S.V.Venkatasubramaniam [R-14 brought on records as LR of the deceased 4th respondent vide order dated 12.09.2018 made in C.M.P.Nos.11899 to 11901 of 2018 in C.M.A.No.1991 of 2008] Prayer in C.M.A.No.1990 of 2018: Civil Miscellaneous Appeal filed under Order 41 Rule 21 of Code of Civil Procedure, 1908, against the order and decree dated 20.12.2004 made in I.A.No.916 of 2002 in A.S.No.92 of 2000 on the file of the Court of the First Additional District Judge, Erode. Prayer in C.M.A.No.

1991 of 2018: Civil Miscellaneous Appeal filed under Order 41 Rule 21 of Code of Civil Procedure, 1908, against the order and decree dated 20.12.2004 made in I.A.No.917 of 2002 in A.S.No.89 of 2000 on the file of the Court of the First Additional District Judge, Erode. C.M.A.No.1990 of 2008 For Appellant : Mr.N.Ramkumar for M/s.M.Narayanaswamy For Respondents : Mr.S.

C.M.A.No.1991 of 2008 For Appellant : Mr.N.Ramkumar for M/s.M.Narayanaswamy For Respondents : Mr.S.Kaithamalai Kumaran [R5] No appearance [R1, R2, R10 to R13] Proof of paper publication filed - name not printed in the cause list [R6 to R9] Not ready in notice [R14] ***** COMMON JUDGMENT When these appeals are taken up for hearing today, the learned counsel appearing for the appellant submitted that the sole appellant, namely G.V.Venkatesan passed away on 12.09.2022 and repeatedly, he requested the legal heirs of the deceased appellant to contest the case on behalf of the appellant. However, they have not come forward to contest the case.

2. In view of the above submissions, these Civil Miscellaneous Appeals are dismissed as abated. No costs.

04.10.2023 Index : Yes / No Speaking order / Non-speaking order Netrual Citation Case : Yes / No sp 3/4

M.DHANDAPANI, J.

sp To 1.The First Additional District Judge, Erode.

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

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