Advait Shivkant Nathan v. Shivkant Jaganathan
Case brief
What is this about?
Suit filed for declaration of share in properties dismissed as abated due to the death of the plaintiff without impleaded legal representatives.
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C.S.No.16 of 2013
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.12.2022
CORAM:
THE HONOURABLE Mr. JUSTICE S.SOUNTHAR
C.S.No.16 of 2013 in A.Nos.2748, 2856, 2998 & 3463 of 2022
Advait Shivkant Nathan
...Plaintiff
Vs.
1.Shivkant Jaganathan
3.Tara (Minor), Represented by guardian Shivkant Jaganathan (Defendant No.1) ...Defendants Defendants 2 & 3 are impleaded as per order dated 19.09.2013 in A.No.2847 of 2013.
PRAYER: This Civil Suit is filed under Order IV Rule 1 of Original Side Rules read with Order VII Rule 1 of CPC praying to pass the judgment and decree against the Defendants:-
a) To pass a preliminary decree declaring the ½ share of the plaintiff in the properties mentioned under the Schedule and such other properties as may come to light in future and allot ½ share to the plaintiff.
b) To appoint an advocate commissioner to divide the properties by metes and bounds and allot one such share to the plaintiff by passing a final decree.
c) For costs of this suit.
C.S.No.16 of 2013
S.SOUNTHAR, J. jai
For Plaintiff : Mr.H.Karthik Seshadri for M/s.Iyer and Thomas For Defendants : M/s.A.Vinupradha
for M/s.S.Ramesh kumar
ORDER
Mr.H.Karthik Seshadri, the learned counsel for the plaintiff submits
that the plaintiff herein died on 12.08.2022 and he has not received any instruction from the legal representatives of the plaintiff. The time for filing the petition to implead the legal representatives of plaintiffs on record is already over. In this circumstance, this Court records the abatement of the suit. In view of the same, the suit is dismissed as abated. Consequently, A.Nos.2748, 2856, 2998 & 3463 of 2022 are closed. No costs.
08.12.2022
jai Index:Yes/No Speaking Order: Yes/No
C.S.No.16 of 2013
Advait Shivkant Nathan
Shivkant Jaganathan
Sureka Alagannan
Tara
S.SOUNTHAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court