A. Suryanarayana vs A. Harnath
2022 Latest Caselaw 6284 Mad

                                                                                      A.S.No.353 of 2011

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                       Date : 28.03.2022

                                                           CORAM:
                                  THE HONOURABLE TMT. JUSTICE S. KANNAMMAL

                                                       A.S.No.353 of 2011

                     A. Suryanarayana                                      ... Appellant/ Plaintiff

                                                              Vs.

                     1. A. Harnath
                     2. Nunna Ramanakumar
                     3. T. Mark                                      ... Respondents / Defendants

                     PRAYER: Appeal Suit is filed under Section 96 of the Civil Procedure
                     Code to set aside the Judgment and Decree                   dated 19.10.2010 in
                     O.S.No.212 of 2007 on the file of the learned Additional District
                     Judge/Fast Track Court I, Poonamallee and allow the appeal.

                                       For Appellant     : M/s.V.P. Raman
                                       For Respondents : M/s. C. Usha [for R-1]
                                                         M/s. S.G. Embararamanar[for R2 & R3]

                                                       JUDGMENT

This Appeal Suit has been filed to set aside the Judgment and

Decree of the learned Additional District Judge/Fast Track Court I,

Poonamallee.

https://www.mhc.tn.gov.in/judis Page 1 / 4 A.S.No.353 of 2011

2. Learned counsel for the Appellant and Respondents present. It

is submitted that Appellant is the brother of R1 and the appellant's wife

and son predeceased. Learned counsel for the 1 st Respondent submitted

that the notice sent to the 1st Respondent was returned with an

endorsement “deceased”. At this juncture, learned counsel for the

Appellant submitted that the appeal may be dismissed with liberty to the

Appellant to file fresh appeal if any legal heirs are found to be alive, in

future.

3. In view of the above submission made by the learned counsel for

the Appellant, the Appeal Suit is dismissed granting liberty to file fresh

appeal, if any legal heirs are found to be alive, in future. No costs.

                                                                             28.03.2022    ggs

                     Index      :Yes/No
                     Internet   :Yes/No

Speaking/Non-speaking order

Copy to:

https://www.mhc.tn.gov.in/judis Page 2 / 4 A.S.No.353 of 2011

The Additional District Judge-cum- Fast Track-1, Additional District Cum Fast Tractk-1 Court Poonamallee, Chennai.

S. KANNAMMAL, J.

ggs

https://www.mhc.tn.gov.in/judis Page 3 / 4 A.S.No.353 of 2011

Judgment in A.S.No.353 of 2011

28.03.2022

https://www.mhc.tn.gov.in/judis Page 4 / 4