Madras High CourtCRP/1824/2007dismissed as infructuous

Duraikannu v. Venkataraman

2018-01-10Honourable Mr Justice Abdul Quddhose2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.01.2018

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE CRP No.1824 of 2007 and M.P.No.1 of 2007 and C.M.P.No.9120 of 2016 Duraikannu ... Petitioner Vs.

Venkataraman Perumal (died) Anusuya Manikkammal (died) Sreenivasan (died) ... Respondents Prayer: Civil Revision Petition filed under Section 115 of CPC, to allow this Civil Revision Petition by setting aside the Order and Decree dated 20.02.2007 passed in C.M.A.No.5 of 2003 on the file of the learned Subordinate Judge, Ranipet Vellore District and to reversing the Order and Decree dated 28.02.2003 passed in I.A.No.363 of 2002 in Final Decree I.A.No.456 of 1995 in O.S.No.189 of 1981 on the file of the learned District Munsifcum-Judicial Magistrate No.1, Wallajah, Vellore District. For Petitioner : M/s.M.Aruna for T.S.Baskaran For Respondent : Mr.S.Mukunth for R1 for M/s.Sarvabhanman Associates

ORDER

The petitioner has filed a memo dated 08.01.2018 which was filed into the Court today which reads as follows: "It is submitted that, the above Revision Petition is against the order passed in CMA.NO.5 of 2003. Pending the CRP, the 1st respondent Venkataraman died on 11/06/2017, the 1st respondent Venkataraman has no issues and the petitioner is the sole legal heir as his brother. Similarly, the 2nd respondent also died https://hcservices.ecourts.gov.in/hcservices/

on 05/05/2015, the 2nd respondent also has no issues and I am the brother of the 2nd respondent and the surviving legal heir. In view of the death of the both the respondent, nothing survives to be decided in the above CRP.

It is therefore prayed that this Hon'ble Court may be pleased to record the death of the both the respondents and the petitioner is the sole surviving Legal heir and hence this CRP is dismissed as infructuous"

Accordingly, the memo is recorded and the CRP is dismissed as infructuous. Consequently, connected miscellaneous petitions are also closed. No costs.

Sd/- Asst.Registrar (CS VIII) /true copy/ Sub Asst. Registrar To:

1.The Subordinate Judge, Ranipet, Vellore District. 2.The District Munsif-cum-Judicial Magistrate No.1, Wallajah, Vellore District.

+1cc to M/s.Sarvabhanman Associates, Advocate sr.no.2029 +1cc to T.S.Baskaran, Advocate sr.no.2198(01/06/2018) CRP No.1824 of 2007 and M.P.No.1 of 2007 and C.M.P.No.9120 of 2016 nmi(co) nr 10/01/2018 https://hcservices.ecourts.gov.in/hcservices/