Lalith Mehta vs A.R.Usha
2024 Latest Caselaw 19777 Mad

Madras High Court

Lalith Mehta vs A.R.Usha on 21 October, 2024

Author: P.Velmurugan

Bench: P.Velmurugan

                                                                            A.S.(MD)No.64 of 2019



                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              DATED : 21.10.2024

                                                    CORAM

                                THE HONOURABLE MR.JUSTICE P.VELMURUGAN
                                                 AND
                              THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN

                                           A.S.(MD)No.64 of 2019
                                                    and
                                        C.M.P.(MD)Nos.88 & 90 of 2023

                     Lalith Mehta                                    ...Appellant
                                                       vs.

                     1.A.R.Usha
                     2.A.R.Vignesh
                     3.A.K.Mohan
                     4.A.K.Chandru
                     5.Jwala Amarnath
                     6.A.A.Chitra
                     7.A.A.Shella
                     8.A.A.Nagarajan
                     9.A.A.Ganga
                     10.A.A.Radika
                     11.Salaja Venkatachalapathy
                     12.Ashalatha Jeyachandran
                     13.S.Sarath
                     14.A.K.Padmini                                 ... Respondents

                     Prayer: Appeal Suit filed under Section 96 of the Civil Procedure Code

                     praying to (a) call for the records and (b) to set aside the decree and



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                                                                                   A.S.(MD)No.64 of 2019



                     Judgment passed in O.S.No.282/2004 on the file of IV Additional

                     District Court at Madurai, dated 17.07.2017 as for as the findings given

                     as against the appellant herein.

                                  For Appellant           :     No appearance

                                  For Respondents         :     Mr.J.Barathan for R5 & R8

                                                                No appearance for R1 to R4, R6,
                                                                R9, R10, R14

                                                       JUDGMENT

(Judgment of the Court was delivered by P.VELMURUGAN, J.)

The sole appellant has passed away and the legal representatives

have filed C.M.P.(MD)Nos.88 and 90 of 2023 to set aside the abatement

caused due to the death of the sole appellant and to bring on record the

petitioners / proposed appellants and the proposed 15th respondent

therein as legal heirs of the deceased sole appellant.

2. When the Miscellaneous Petitions were taken up for hearing on

11.09.2024, the learned counsel who was on record for the petitioners /

proposed appellants submitted that he has handed over the bundles to the

parties. Hence, the Registry was directed to print the names of the

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petitioners / proposed appellants and list the matter on 20.09.2024.

However, on 20.09.2024, there was no representation on their behalf.

Hence, Registry was directed to list the matter under the caption 'for

dismissal'.

3. Today, even though the matters are listed under the caption for

dismissal, there is no representation for the petitioners / proposed

appellants. Hence, the Miscellaneous Petitions are dismissed for non-

prosecution.

4. As already stated, the sole appellant passed away and the

Miscellaneous Petitions to implead the legal representatives is also

dismissed for non-prosecution. Hence, the Second Appeal is also

dismissed for non-prosecution. No costs.

(P.V., J.) (K.K.R.K., J.) 21.10.2024 NCC:Yes/No Index:Yes/No Speaking/Non-speaking order mbi

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To

1.The IV Additional District Court at Madurai.

2.The Section Officer, Vernacular Records Section, Madurai Bench of Madras High Court, Madurai.

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P.VELMURUGAN, J.

and K.K.RAMAKRISHNAN, J.

mbi

and C.M.P.(MD)Nos.88 & 90 of 2023

21.10.2024

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