Petitioner sought to set aside a 2007 order. Noting that key respondents died during the pendency of the revision petition and that the petitioner is the sole surviving legal heir, the court recorded the deaths and dismissed the petition as infructuous.
Order and Decree of CRP No.1824 of 2007 dismissed as infructuous; connected miscellaneous petitions closed.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.01.2018
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
CRP No.1824 of 2007 and M.P.No.1 of 2007 and C.M.P.No.9120 of 2016
Duraikannu ... Petitioner
Vs.
Venkataraman
Perumal (died)
Anusuya
Manikkammal (died)
Sreenivasan (died) ... Respondents
Prayer: Civil Revision Petition filed under Section 115 of CPC, to allow this Civil Revision Petition by setting aside the Order and Decree dated 20.02.2007 passed in C.M.A.No.5 of 2003 on the file of the learned Subordinate Judge, Ranipet Vellore District and to reversing the Order and Decree dated 28.02.2003 passed in I.A.No.363 of 2002 in Final Decree I.A.No.456 of 1995 in O.S.No.189 of 1981 on the file of the learned District Munsifcum-Judicial Magistrate No.1, Wallajah, Vellore District.
For Petitioner : M/s.M.Aruna
For Respondent : Mr.S.Mukunth for R1
for M/s.Sarvabhanman Associates
ORDER
The petitioner has filed a memo dated 08.01.2018 which was filed into the Court today which reads as follows:
“It is submitted that, the above Revision Petition is against the order passed in CMA.NO.5 of 2003. Pending the CRP, the 1st respondent Venkataraman died on 11/06/2017, the 1st respondent Venkataraman has no issues and the petitioner is the sole legal heir as his brother. Similarly, the 2nd respondent also died
on 05/05/2015, the 2nd respondent also has no issues and I am the brother of the 2nd respondent and the surviving legal heir. In view of the death of the both the respondent, nothing survives to be decided in the above CRP.
It is therefore prayed that this Hon'ble Court may be pleased to record the death of the both the respondents and the petitioner is the sole surviving Legal heir and hence this CRP is dismissed as infructuous”
Accordingly, the memo is recorded and the CRP is dismissed as infructuous. Consequently, connected miscellaneous petitions are also closed. No costs.
Sd/-
Asst.Registrar (CS VIII)
/true copy/
Sub Asst. Registrar
To:
1.The Subordinate Judge, Ranipet, Vellore District.
2.The District Munsif-cum-Judicial Magistrate No.1,
Wallajah, Vellore District.
+1cc to M/s.Sarvabhanman Associates, Advocate sr.no.2029
+1cc to T.S.Baskaran, Advocate sr.no.2198(01/06/2018)
CRP No.1824 of 2007
and M.P.No.1 of 2007
and C.M.P.No.9120 of 2016
nmi(co)
nr 10/01/2018
Duraikannu
Venkataraman Perumal
Anusuya Manikkammal
Abdul Quddhose
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
