High CourtsSINGLE BENCH(2017) 05 MAD CK 0024

V.Thandavarayan vs Subramaniya Udayar, & Ors.

Madras High Court · Decided on 2 May 2017

HON’BLE JUDGES
N.Sathish Kumar
RESULT
Dismissed
CASE NUMBER
78 of 2012 & M P No 1 of 2012

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Judgment

4 paragraphs · 179 words
1.

This appeal challenges the Order passed by the lower Court with regard to the appointment of heriditary trustee.

2.

Originally, it appears that the first respondent was appointed as a heriditary trustee and the same was set aside by the Commissioner. As against the said Order, a suit has been filed in O.S.No.124 of 2003. In the suit, the Order of the Commissioner has been set aside and as against which, the present appeal has been filed.

3.

During the pendency of the appeal, it is brought to the notice of this Court that the parties fighting for the heriditary trusteeship, the appellant as well as the first respondent, have already died and no steps, whatsoever has been taken to implead their legal representatives, who are entitled to continue the office. Therefore, nothing survives in this appeal. It is for the parties to work out their remedy to claim the heriditary trusteeship by filing an application before the appropriate authority.

4.

With the above observation, this appeal is dismissed as abated. Consequently, the connected miscellaneous petition is closed.