G.R.Thangavelu vs G.R.Indira
2023 Latest Caselaw 64 Mad

                                                                         A.S.No.660 of 2016


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED : 02.01.2023

                                                    CORAM:

                                   THE HONOURABLE MR.JUSTICE S.S.SUNDAR
                                                      AND
                                  THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN
                                                A.S.No.660 of 2016
                                            and C.M.P.No.20073 of 2016

                G.R.Thangavelu                                                 ...Appellant

                                                       -Vs-

                1.G.R.Indira
                2.G.R.Balasubramaniam
                3.Vasanthakumari @ Vasantha Bala
                4.G.R.Girija
                5.S.G.Ramkumar
                6.S.G.Shanmugasundaram(Died)
                7.Gomathi Sundaram
                8.Suresh Sundaram
                9.Shobana Sundaram                                          ...Respondents

                Prayer:- Appeal Suit filed under Section 96 r/w Order 41 Rule 1 of C.P.C.,
                against the judgment and decree dated 05.10.2016 made in O.S.No.529 of
                2004 passed by the learned III Additional District and Sessions Judge,
                Coimbatore.




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                                                                                 A.S.No.660 of 2016




                                  For Appellant               : Ms.K.Abhiname
                                                                for Mr.V.Raghavachari

                                  For R1                      : Mr.C.D.Sugumar



                                                     JUDGMENT

[Judgment of the Court was made by S.S.SUNDAR, J.,]

When the matter was earlier listed on 12.12.2022 it was reported that the

1st respondent in the appeal died in the year 2018. Taking note of the fact that

steps had not been taken, this Court observed that the appeal is liable to be

dismissed as abated as against the 1st respondent.

2.It is now admitted that the appeal is against the decree granting

preliminary decree for partition in favour of the plaintiff/1st respondent against

the appellant. Having regard to the admitted fact that the 1st respondent died

long back and the appeal stands abated as against the 1 st respondent, this Court

finds that the appeal does not survive as against other respondents as well.

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

A.S.No.660 of 2016

3.Therefore, the appeal is dismissed as abated as against the 1 st

respondent and consequently dismissed against other respondents. No costs.

Consequently, connected miscellaneous petition is closed.

                                                                            [SSSRJ]    [AANJ]
                                                                                 02.01.2023
                cda




                To

1.The III Additional District and Sessions Judge, Coimbatore.

2.The Section Officer, VR Records, High Court, Chennai.

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

A.S.No.660 of 2016

S.S.SUNDAR, J., AND A.A.NAKKIRAN, J., cda

A.S.No.660 of 2016

02.01.2023

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