Kanniammal v. V. Natarajan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.10.2016

CORAM

THE HONOURABLE MR.JUSTICE A.SELVAM and THE HONOURABLE MR.JUSTICE P.KALAIYARASAN Appeal Suit No.88 of 2010 & M.P.No.1 of 2010 Kanniammal ... Appellant Vs 1.V.Natarajan

2. V.Mohan

3. B.Umarani

4. The General Manager I C F, Chennai .. Respondents Prayer:- Appeal suit filed under Section 96 of Code of Civil Procedure, 1908 and Order 41 Rule 1 of CPC against the judgment and decree, dated 11.09.2009 made in O.S.No.109 of 2002 on the file of Principal Family Court, Chennai.

For Appellant :Mr.A.V.Arun For Respondents :Mr.Prasana Durai for M/s.Giridhar & Sai Associates for R1 to R3

No appearance for R4

JUDGMENT

(Judgment of the Court was delivered by A.SELVAM,J.) Learned counsel appearing for the appellant has represented that the sole appellant has passed away. Further, he represents that Original Suit No.109 of 2002 has been instituted so as to declare that the deceased plaintiff is the legally wedded wife of the deceased Venkatesan. Since during pendency of the suit, the original plaintiff has passed away and since during pendency of the present appeal suit, the sole appellant has passed away, nothing survives in the present appeal suit.

2. Considering the representation made by the learned counsel appearing for the appellant, this appeal suit is dismissed. No costs. Consequently, the connected Miscellaneous Petition is closed. (A.S.J.,) (P.K.J.) ajr 20.10.2016 To

1. Principal Family Court, Chennai.

2. The General Manager I C F, Chennai

A.SELVAM,J.

and P.KALAIYARASAN,J.

ajr Appeal Suit No.88 of 2010 20.10.2016