K.Viswanathan v. R.Rajeswari

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 05.09.2024

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN AND THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN and M.P.(MD).No.1 of 2015 K.Viswanathan ...Appellant Vs.

1.R.Rajeswari 2.J.Saroja 3.P.Mala 4.S.Jeyasri 5.S.Kumar 6.S.Ravichandran S.Kunnammal (Died) 7.Dhanam 8.Amirtham 1/5

9.Parimanam 10.Narayanaswamy 11.D.Dhanalakshmi 12.D.Menaka 13.T.Padmanaban 14.A.Mohamed Yusuf 15.A.Mariyam Bivi 16.Arun 17.A.Raja 18.K.Nallaponnu 19.T.N.Krishnamoorthy 20.T.N.Muthusamy Iyer S.Sundarambal (Died) 21.S.Savithri 22.V.Saroja 23.V.Sundararaman 24.S.Bhuvaneswari @ Bhuvana 25.R.Saraswathi 26.S.Rajalakshmi 2/5

27.S.Venkatakrishnan

...Respondents

PRAYER:- First Appeal filed under Order 41 Rule 1 r/w Section 96 of C.P.C., to set aside the Judgment and Decree dated 17.04.2015 made in O.S.No.7 of 2009, on the file of the First Additional District Judge (PCR), Tiruchirapalli.

For Appellant : Mr.P.Thiagarajan For Respondents : Mr.Raguvaran Gopalan

J U D G M E N T

[Order of the Court was made by P.VELMURUGAN, J.] This First Appeal has been filed as against the Judgment and Decree, dated 17.04.2015, made in O.S.No.7 of 2009, on the file of the First Additional District Judge (PCR), Tiruchirapalli.

2. Today (05.09.2024), when the matter is taken up for hearing, it is represented that the sole appellant passed away on 22.09.2020 after this case was instituted and no steps have been taken to implead the legal heirs of the appellant.

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3. Therefore, this First Appeal stands dismissed as abated. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

[P.V.J,] [K.K.R.K.J,] 05.09.2024 1/2 NCC : Yes/No Index : Yes/No sbn To 1.The First Additional District Court (PCR), Tiruchirapalli.

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

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P.VELMURUGAN.J., and K.K.RAMAKRISHNAN.J., sbn and M.P.(MD).No.1 of 2015 05.09.2024 1/2 5/5