C.Viswanathan vs Five Star Apartments Owner'S ...
2021 Latest Caselaw 23576 Mad

                                                                                 A.S. No.17 of 2019


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 01.12.2021

                                                       CORAM:

                                   THE HONOURABLE MR. JUSTICE S.S.SUNDAR

                                                  A.S. No. 17 of 2019


                    C.Viswanathan                                                    .. Appellant
                                                          Vs.

                    1. Five Star Apartments Owner's Welfare Association,
                       (Registration No.660/2000) Rep. By its President,
                       Mr. S.Ilamuhil, Five Star Apartments,
                       No.111/2, Padi Kuppam Road,
                       Anna Nagar West,
                       Chennai – 600 040.

                    2. G.Malathy
                    3. The Chairman & Managing Director,
                       Tamil Nadu Housing Board, Anna Salai,
                       Nandanam, Chennai – 600 035.                               .. Respondents


                             Appeal Suit filed under Section 96 C.P.C., to set aside the judgment

                    and decree dated 05.09.2017 passed in O.S. No.146 of 2013 by the Hon'ble

                    III Addl. District Judge, Thiruvallur at Poonamallee.


                                      For Appellant             :   Mr. T.V.Vineeth Kumar
                                      For Respondent -2         :   Mr. J.Deliban
                                                      3         :   Mr. M.R. Sukumar

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https://www.mhc.tn.gov.in/judis
                                                                                 A.S. No.17 of 2019



                                                    JUDGMENT

When the appeal was taken up for hearing on 11.11.2021, there was

no representation for the appellant. Hence, this Court adjourned the matter

to 29.11.2021. On 29.11.2021, there was no representation for the

appellant. This Court directed the Registry to post the matter under the

caption “For dismissal”. When the matter appears today in the cause list,

learned counsel for the appellant states that the sole appellant is no more.

He further states that he is unable to ascertain when the appellant died and

to get instructions to take steps.

2. In such circumstances, this Court is not inclined to adjourn the

matter further. Hence, the appeal suit is dismissed as abated. No costs. It is

open to the legal representatives of the deceased sole appellant to come on

record after filing necessary applications.

01.12.2021 Index: Yes / No Speaking order / Non speaking order

bkn

https://www.mhc.tn.gov.in/judis A.S. No.17 of 2019

Copy to:

The III Addl. District Judge, Thiruvallur, Poonamallee

https://www.mhc.tn.gov.in/judis A.S. No.17 of 2019

S.S.SUNDAR, J.,

bkn

A.S. No. 17 of 2019

01.12.2021

https://www.mhc.tn.gov.in/judis