Subramania Naicker v. Muthu Damodaran

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.04.2015 CORAM :

THE HONOURABLE Ms.Justice K.B.K.VASUKI C.R.P.No.3259 of 2007 and MP.No.1 of 2007 1.Subramania Naciker 2.Kirbanandhan ... Petitioners Vs.

Muthu Damodaran ... Respondent Prayer: Petition filed under Section 115 of the CPC against the fair and decreetal order dated 31.03.2007 made in EP.No.81 of 2001 in OS.No.551 of 1998 on the file of I Additional District Munsif Court, Puducherry.

For Petitioners : Mr.T.R.Rajaraman For Respondent : Mr.G.M.Mani Associates

O R D E R

Heard both sides.

2.The perusal of the records would reveal that the sole respondent died as early as on 07.09.2009 and the same was duly intimated to the petitioners by way of memo dated 08.02.2012. The memo contains the date of death of the sole respondent and the names and other particulars of his legal heirs. However, no petition is filed to implead the legal heirs of the sole respondent till date. As such, this Court is not inclined to grant further time at this length of time.

3.In view of the same, the civil revision petition is dismissed as abated.

Consequently, connected miscellaneous petition is closed. No costs.

Sd/- Asst.Registrar (CO) /true copy/ Sub Asst. Registrar tsh https://hcservices.ecourts.gov.in/hcservices/

To The I Additional District Munsif, Puducherry. 1 cc to M/s. G.M. Mani Associates, Advocate, Sr. 20825 C.R.P.No.3259 of 2007 MP (CO) kk 6/5 https://hcservices.ecourts.gov.in/hcservices/