Dr. Gomathi Sitharthan (Died) v. Smt. Bagyalakshmi Sambandam

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.03.2016

CORAM

THE HONOURABLE Mr. JUSTICE P.R.SHIVAKUMAR C.R.P (PD) No.411 of 2016

1. Dr.Gomathi Sitharthan (died)

2. Dr.Sitharthan both represented by Power Agent E.Vasudevan ... Petitioners vs.

1. Smt.Bagyalakshmi Sambandam

2. N.Ravi ... Respondents Civil Revision Petition filed under Article 227 of the Constitution of India to issue a direction for earlier disposal of interlocutory application No.2023 of 2015 in O.S.No.2544 of 2014 pending on the file of learned VI Assistant Judge, Chennai.

For Petitioner : Mr.A.Parveen For Respondent-2: Ms.S.S.Thenmozhi For Respondent-1: No appearance ----

ORDER

The learned counsel for the petitioners has today filed a memo enclosing a copy of the death certificate of the first petitioner

evidencing that the first petitioner died on 17.02.2016. The Memo contains an averment to the effect that since the husband of the deceased first petitioner is already on record, civil revision petition will not abate. The memo is recorded. The learned counsel for the petitioners submits further that the surviving petitioner, namely, the second petitioner may be permitted to withdraw the Civil Revision Petition and that at the same time, this Court may direct the trial Court to expedite the trial. An endorsement to that effect has been made. 2.

The memo and endorsement are recorded. The Civil Revision Petition is dismissed as withdrawn. The trial Court is directed to expedite the trial and dispose of the suit without granting avoidable adjournments. Order shall be issued after making necessary corrections in the cause title noting the death of the first petitioner and the fact that the second petitioner is an LR of the first petitioner. No costs.

29.03.2016 Index: Yes/No Internet: yes/No srn To The VI Assistant Judge, Chennai.

P.R.SHIVAKUMAR.J srn C.R.P (PD) No.411 of 2016 29.03.2016