S.Viswanathan v. Ganesan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.10.2019 CORAM :

The HON'BLE MR.JUSTICE M.DURAISWAMY C.R.P.No.1184 of 2010 and and M.P.Nos.1 & 2 of 2010 S.Viswanathan ... Petitioner/1st Defendant Vs.

1.Ganesan 2.Kamala 3.Lalitha 4.Bhavani 5.Arunachalavadivu ... Respondents/Defendants 2 to 4 Petition filed under Section 115 of the Civil Procedure Code against the judgment and decree made in I.A.No.2 of 2009 in O.S.No.4476 of 1998 on the file of the V Assistant City Civil Judge, Chennai dated 18.12.2009 thereby allowing the application fixing an onerous condition to deposit an amount of Rs.1,00,000/- for allowing a petition to leave to defend. For Petitioner : Mr.K.Kannadhasan for Mr.V.Balamurugane For Respondents: R2 to R4 - no appearance R5 - Died Mr.B.Nedunchezhiyan (R1)

O R D E R

The learned counsel appearing for the petitioner submitted that the sole petitioner had died on 13.08.2016 and that no steps have been taken to bring on record the legal representatives of the deceased petitioner. The learned counsel for the petitioner also produced the Death Certificate of the sole petitioner.

2.In view of the representation made by the learned counsel for the petitioner, the Civil Revision Petition is dismissed as abated. No costs. Consequently, the connected miscellaneous petitions are closed.

-s/d- Assistant Registrar(CS-IV) True Copy Sub-Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/

To 1.The V Assistant City Civil Court, Chennai +1 CC to Mr.V.Balamurugane, Advocate sr 87562. +1 CC to Mr.B.Nedunchezhiyan, Advocate sr 86736. C.R.P.No.1184 of 2010 and M.P.Nos.1 & 2 of 2010 RSI(CO) SP(13/11/2019) https://hcservices.ecourts.gov.in/hcservices/