R.Thirugnanasambandam vs Smt.Gangaboi
2023 Latest Caselaw 5407 Mad

                                                                       AS.No.60/2016




                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                              DATED : 05.06.2023

                                                   CORAM:

                                    THE HONOURABLE MR.JUSTICE S.S.SUNDAR

                                                    AND

                                  THE HONOURABLE MR. JUSTICE C.KUMARAPPAN

                                                AS.No.60/2016

                    R.Thirugnanasambandam                            .. Appellant

                                                     Vs.

                    1.Smt.Gangaboi
                    2.Smt.Saroja
                    3.Smt.Suryakumari
                    4.Smt.Rajeswari
                    5.Smt.Valarmathi

                    6.The Secretary
                      Chengalpattu Cooperative Housing
                      Society, 50 Feet Road, Anna Nagar
                      Chengalpattu.

                    7.The Manager
                      State Bank of India
                      Chengalpattu Branch
                      Chengalpattu.


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                                                                                              AS.No.60/2016




                    8.The Post Master
                      Head Post Office
                      Chengalpattu.

                    9.The Secretary
                      Cooperative Urban Bank Ltd
                      Chengalpattu.

                    10.The Manager
                      Kiran Finance
                      891, Ekambara Dabedar Street
                      Alandur, Chennai 600 016.                                          .. Respondents

                    Prayer:- Appeal Suit filed under section 96 and Order 41 Rule 1 CPC
                    against         the   judgment   and    decree       dated   26.10.2015    passed    in
                    OS.No.278/2005 on the file of the learned Additional District Judge,
                    Chengalpattu.



                                          For Appellant              :     Mr.K.Boopalan for
                                                                           Mr.J.R.K.Bhavanantham


                                                           JUDGMENT

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

(1) The 3rd respondent in the present appeal who is one of the plaintiffs

in the suit in OS.No.278/2005 died and no steps were taken to

AS.No.60/2016

bring on record, the legal representatives of the deceased/3rd

respondent.

(2) The learned counsel appearing for the appellant today report that

the appellant is no more. It is stated that the suit is filed for

partition by the sisters against the appellant, who is the 1 st

defendant in the suit. As against the decree for partition, the above

appeal is filed.

(3) Since the 1st defendant/brother of plaintiffs is no more and it is

admitted that the 1st defendant/appellant herein died as a bachelor,

the legal representatives of the deceased/appellant may not be

interested in prosecuting the appeal. This Court need not keep the

appeal pending having regard to the facts above narrated. The

Appeal suit is liable to be dismissed for non prosecution.

(4) Accordingly, AS.No.60/2016 stands dismissed for non

prosecution. No costs.

                                                                                   [SSSRJ]           [CKJ]
                                                                                       05.06.2023
                    AP
                    Internet : Yes



                                                                 AS.No.60/2016




                    To

1.Additional District Judge, Chengalpattu.

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

AS.No.60/2016

S.S.SUNDAR, J., AND C.KUMARAPPAN, J.

AP

AS.No.60/2016

05.06.2023

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