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2014 DIGILAW 3330 (MAD)

G. Mathivanan v. G. Sezhian

2014-09-15

T.RAJA

body2014
Judgment 1. This Second Appeal has been directed against the impugned Judgment and Decree passed by the learned Additional District Judge, Fast Track Court No.III, Chennai, in A.S.No.284 of 2009 dated 22.11.2010, wherein the lower Appellate Court decreed the suit filed by the plaintiff/respondent. 2. The plaintiff filed the suit for declaration of the Document No.5100/1979 executed on the file of Joint Registrar—II, Sub-Registrar Office, Saidapet, on 28.12.1979, as null and void. The Trial Court dismissed the Suit on 18.06.2008. Aggrieved over the same, the plaintiff went on appeal and the same was allowed. 3. The dispute is between G.Sezhian and G.Mathivanan, who are the sons of Late.C.Ganapathy. When the Release Deed dated 28.12.1979 was executed in the name of Mr.G.Mathivanan, the plaintiff herein, mother Balambigal, younger brothers G.Sezhian, the respondent herein and G.Ravikumar, the respondent challenged the same. The trial Court upheld the Release Deed by dismissing the suit. However, on appeal, the Release Deed was set aside, as null and void and thereby, the Suit was decreed. Aggrieved by the impugned Judgment, the defendant has brought the present Second Appeal. 4. During the pendency of the Second Appeal, the sole respondent G.Sezhian died on 19.08.2013, leaving his divorced wife as the sole legal heir and the respondent divorced his wife in the year 1986 and the whereabouts of the divorced wife of G.Chezhian could not be located. In view of that, the appellant has filed a Memo dated 15.09.2014 stating that the respondent, after divorcing his wife in the year 1986, she had left place and her whereabouts was not known to bring her on record, as his legal representative. In view of the Memo filed by the appellant, the Second Appeal stands abated. Consequently, connected miscellaneous petition is closed.