Bhanumathi v. Radhakrishnan(Died)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.01.2024

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR Bhanumathi ... Petitioner Vs.

1.Radhakrishnan 2.Ramalingam 3.Rajaram 4.Ramamurthy 5.Rajalakshmi 6.Vijayakumar 7.Usha Rani 8.Prabhakaran 9.Babu Alias Suresh Babu 10.Ramkumar 11.Subbashini

...Respondents

Prayer: Civil Revision Petition filed under Section 115 of Civil Procedure Code, against the fair order and decreetal order dated 1/4

30.03.2021 passed in IA.No.1 of 2019 in OS.No.21 of 2015 on the file of the Principal District Judge, Cuddalore.

For Petitioner : Mr.K.B.Rohith for Mr.D.Baskar

ORDER

It is seen from the records that the death of the first respondent was reported and recorded by this Court as early as on 27.09.2021, but till date no steps have been taken to bring on record the legal representatives of the deceased first respondent. Therefore, the Civil Revision Petition is dismissed as against the first respondent.

2. The Civil Revision Petition arises out of suit for partition and already the petitioner obtained a preliminary decree for partition in respect of 1/4th share. Subsequently, the application in I.A.No.1 of 2019 has been filed to pass another preliminary decree in respect of left out property. Since the Civil Revision Petition is dismissed in respect of the 2/4

first respondent, being a suit for partition, the petitioner is not entitled to prosecute the same in respect of other respondents.

3. Accordingly, this Civil Revision Petition is dismissed. No costs.

04.01.2024 Index : Yes / No Internet : Yes / No dna To The Principal District Judge, Cuddalore.

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S.SOUNTHAR , J.

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