K.Ramu (Died) vs K. Varadaraj @ Varadan(Deceased)
2021 Latest Caselaw 25155 Mad

                                                                                 A.S.No.539 of 2012



                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                              DATED : 21.12.2021

                                                   CORAM:

                                  THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN
                                              A.S.No.539 of 2012

                 1. K.Ramu (died)
                 2. R. Harikrishnan                                      ... Appellants
                 (Impleaded as per order dated 19.01.2011 in I.A.No.20983/10)
                                                       -vs-
                 1.K. Varadaraj @ Varadan(Deceased)
                 2. P. Devaki
                 3. K. Selvamani
                 4. P. Sarojini
                 5. V.Dhanapal
                 6. D. Venkatesan
                 7. D. Natarajan
                 (Respondents/Defendants 4 and 5 already on record,
                 recorded as L.Rs of the deceased 1st defendant,
                 as per order dated 8.4.10 on Memo)                ...Respondents/
                 Defendants

                 PRAYER: First Appeal is filed under Section 96 r/w Order XLI Rule 1 of the

                 Code of Civil Procedure, to set aside the Judgment and Decree of the V

                 Additional Judge, City Civil Court, Chennai, dated 23.08.2011 in O.S.No.9531

                 of 2010 (transferred C.S.No.262/2007 from the file of Original Side of this

                 Court, Chennai) dismissing the plaintiffs' claim for partition and separate

                 possession of plaintiff's half share in the plaint/decree mentioned schedule of


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https://www.mhc.tn.gov.in/judis
                                                                                     A.S.No.539 of 2012



                 properties and consequently to pass a preliminary decree for partition and

                 separate possession as prayed for in the plaint.


                                       For Appellants : No appearance

                                        For Respondents: R1 - Died
                                                         R2, 4 & 5 – No residence
                                                         R3 - No such person
                                                         Mr.P. Amarnath for R6 & R7

                                                  JUDGMENT

When this appeal came up for hearing on 20.12.2021, there was no

representation for the appellants and only the learned counsel for the

respondents 6 and 7 is present. Hence, the Registry was directed to post this

matter under the caption, “for dismissal” today and accordingly, it is listed

today.

2. Even today i.e., on 21.12.2021, the learned counsel for the

respondents 6 and 7 alone is present and there is no representation for the

appellants. Hence, this appeal is dismissed for non-prosecution.

gv 21.12.2021

https://www.mhc.tn.gov.in/judis A.S.No.539 of 2012

To:

1.The V Additional Judge, City Civil Court, Chennai.

2. The Section Officer, VR Section, High Court, Madras

https://www.mhc.tn.gov.in/judis A.S.No.539 of 2012

A.A.NAKKIRAN, J.

gv

A.S.No.539 of 2012

21.12.2021

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