S.Viswanathan v. Ganesan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.10.2019

CORAM :

The HON'BLE MR.JUSTICE M.DURAISWAMY

C.R.P.No.1184 of 2010 and and M.P.Nos.1 & 2 of 2010

S.Viswanathan ... Petitioner/1 st Defendant
Vs.
1.Ganesan
2.Kamala
3.Lalitha
4.Bhavani
5.Arunachalavadivu ... Respondents/Defendants 2 to 4
Petition filed under Section 115 of the Civil Procedure
Code against the judgment and decree made in I.A.No.2 of 2009
in O.S.No.4476 of 1998 on the file of the V Assistant City
Civil Judge, Chennai dated 18.12.2009 thereby allowing the
application fixing an onerous condition to deposit an amount
of Rs.1,00,000/- for allowing a petition to leave to defend.
For Petitioner : Mr.K.Kannadhasan for
Mr.V.Balamurugane
For Respondents: R2 to R4 – no appearance
R5 – Died
Mr.B.Nedunchezhiyan (R1)
O R D E R

The learned counsel appearing for the petitioner submitted that the sole petitioner had died on 13.08.2016 and that no steps have been taken to bring on record the legal representatives of the deceased petitioner. The learned counsel for the petitioner also produced the Death Certificate of the sole petitioner.

2.In view of the representation made by the learned counsel for the petitioner, the Civil Revision Petition is dismissed as abated. No costs. Consequently, the connected miscellaneous petitions are closed.