Madras High CourtCRP(MD)/2116/2013closed

Albi, S/O. Kunjukrishnan Nadar v. Velukutty

2023-04-25Honourable Mrs Justice L.Victoria Gowri5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 25.04.2023

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and M.P(MD)No.1 of 2013 Albi ... Petitioner Vs.

1.Velukutty 2.Devaki 3.Saraswathi 4.Bhavani 5.Sukumari 6.Sulochana 7.Rugmini 8.Latha 9.Kesavan 10.Vijayan 11.Sathi 12.Usha 13.Sylaja 14.Surendran 15.Ambika 16.Syamala 17.Yesotha 18.Chellamma 19.Dharmavathi 20.Saraswathi 1/5

21.Sasidharan 22.Rajamma 23.Sreekumari 24.Jayanthi 25.Jaya 26.Ayyappan 27.Venu 28.Velappan 29.Subadra 30.Indira 31.Nirmalan 32.R.S.Sureshkar 33.M.Rajeswari Amma 34.K.P.Thomas 35.Rajan Jacob 36.Jacob Rajan 37.M.P.Philip (Died) 38.A.K.Sasikumar (Died) 39.K.C.Jose 40.Jeyasekharan 41.Chandrasekharan 42.Venkitesan 43.Narayanan 44.George Mathew 45.Susila George 46.Minor Shine Mathew George 47.Minor Shiju John George ... Respondents (Respondents 37 and 38 are died and exempted from bringing the legal heirs of deceased 37th and 38th respondents vide Court order dated 15.10.2020 made in C.M.P(MD)No.11915 of 2018 in C.R.P(MD)No.2116 of 2013) (Minor respondents 46 and 47 are represented by their father and natural guardian the 44th respondent herein) 2/5

PRAYER : Civil Revision Petition is filed under Article 227 of the Code of the Constitution of India, to set aside the fair and decreetal order dated 21.06.2013 passed in I.A.No.355 of 2011 in O.S.No.19 of 2006 on the file of the II Additional District Munsif Court, Kuzhithurai. For Petitioner : M/s.J.Anandhavalli For R-1 to R-30, R-32 to R-39, R-42 & R-44 to R-47 : No appearance For R-31 : Mr.M.P.Senthil For R-40, R-41 & R-43 : Mr.M.Suresh

ORDER

When the case is called up for hearing today, the learned Counsel for the petitioner is present and submitted that the suit in O.S.No.238 of 2016 on the file of the learned Subordinate Judge's Court, Kuzhithurai has been dismissed as abated due to non impleadment of the legal heir of the deceased 27th plaintiff on 03.01.2023.

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2. Recording the same, this Civil Revision Petition stands closed. There shall be no order as to costs. Consequently, connected Miscellaneous Petition stands closed.

25.04.2023 NCC : Yes Index : Yes Internet : Yes BTR To 1.The II Additional District Munsif Court, Kuzhithurai.

2.The Section Officer, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

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L.VICTORIA GOWRI, J.

BTR Order made in 25.04.2023 5/5