G.Gururajan vs K.T.Arumugam (Died)
2023 Latest Caselaw 4567 Mad

                                                                               C.M.A.No.3116 of 2011

                                  IN T HE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED: 20.04.2023
                                                        CORAM
                                  THE HONOURABLE MR. JUSTICE A.A.NAKKIRAN
                                               C.M.A.No.3116 of 2011
                                                       and
                                                  M.P No.1 of 2011
                     1.G.Gururajan
                     2.G.Ramani                                               ... Appellants

                                                            ..Vs..

                     1.K.T.Arumugam (died)
                     2.K.A.Hemavathi
                     3.A.Suresh Kumar
                     4.A.Karthik
                     (Respondents 2 to 4 were impleaded
                     as per order of this Court dated
                     26.11.2019 made in CMP Nos.1386 &
                     1390 of 2019.)                                           ... Respondents

                     Prayer: Civil Miscellaneous Appeal filed under Section 9A of Chennai City
                     Tenants Protection Act 1921 r/w Order 43 Rule 1 of CPC, against the fair
                     and decreetal order dated 25.08.2011 made in I.A No.10 of 2011 in O.S
                     No.13156 of 2010 on the file of the IV Fast Track City Civil Court,
                     Chennai.
                                    For Appellant           : M/s.S.Vijayalakshmi
                                                              for Mr.D.Rajagopal
                                    For Respondent          : R1 died
                                                              No Appearance for R2 to R4


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https://www.mhc.tn.gov.in/judis
                                                                                   C.M.A.No.3116 of 2011

                                                         JUDGMENT

When the matter came up for hearing today, the learned counsel for

the appellants submitted that the 1st respondent/plaintiff died on 08.10.2018

and since no steps have been taken by the legal heirs of the 1st

respondent/plaintiff, the main suit in O.S.No.13156 of 2010 was dismissed

for default on 25.04.2022 and therefore, the prayer sought for in this

petition has become infructuous.

2. Recording the aforesaid submission made by the learned counsel

for the appellants, this Civil Miscellaneous Appeal stands dismissed as

infructuous. Consequently, connected Miscellaneous Petition is closed.

20.04.2023

Index:Yes/No Speaking/Non-speaking Order uma

To

1.The IV Fast Track City Civil Court, Chennai.

2.The Section Officer V.R.Section, High Court of Madras.

https://www.mhc.tn.gov.in/judis C.M.A.No.3116 of 2011

A.A.NAKKIRAN, J.

uma

C.M.A.No.3116 of 2011 and M.P No.1 of 2011

20.04.2023

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