The Madurai Bench of the Madras High Court dismissed a Civil Revision Petition filed under Section 115 of the Code of Civil Procedure challenging the appointment of a hereditary trustee. The court found that the key respondent had passed away, rendering no further adjudication necessary.
Civil Revision Petition dismissed; No costs awarded.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
C.R.P.No.1126 of 2001
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.02.2023
CORAM
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
C.R.P.No.1126 of 2001
J.Mahesh ....Petitioner
Vs
1.Ramkishore
2.M.Govindan
3.Vathsala (died ) ...Respondents
( 3rd Respondent died, memo recorded in USR.No.477 dated 03.02.2016 vide Court order dated 12.02.2016)
PRAYER: The Civil Revision Petition has been filed under Section 115 of Code of Civil Procedure, to allow the civil revision petition setting aside the Fair and Decreetal order of the learned Principal District Judge, Madurai dated 23.03.1998 made in I.A.No.705 of 1996 in O.S.No.4 of 1915 and to dismiss the said I.A.
For Petitioner : Mr.M.Karthikeya Venkitachalapathy For Respondents : No appearance
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C.R.P.No.1126 of 2001
O R D E R
This Civil Revision Petition has been filed challenging the appointment of the first respondent in the revision namely Ramkishore as hereditary trustee of a Chathram.
2.According to the learned counsel for the petitioner, the said Ramkishore had passed away and no further adjudication is called for in this revision.
3.In view of the above said submission, this Civil Revision
Petition stands dismissed. No costs.
02.02.2023
Index : Yes/No Internet : Yes/No msa
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C.R.P.No.1126 of 2001
To
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C.R.P.No.1126 of 2001
R.VIJAYAKUMAR, J
msa
C.R.P.(PD)(MD).No.1126 of 2001
02.02.2023
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1 issue framed by the court
Whether the Civil Revision Petition challenging the appointment of a hereditary trustee should be dismissed as all respondents have died or no further adjudication is called for.
J.Mahesh
Ramkishore
M.Govindan
Vathsala
R.Vijayakumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
