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Item No.5 Court No.9 Section XV

Supreme Court of India

Record of Proceedings

Mukesh Nayyar (Naiyar) Vs. Madhu Nayyar (Naiyar) & Ors.

(For directions and office report)

[I.A. 3/2016 in Civil Appeal No. 5123/2009]

Date: 16/08/2016

This application was called on for hearing today.

CORAM:

HON'BLE MR. JUSTICE KURIAN JOSEPH

HON'BLE MR. JUSTICE SHIVA KIRTI SINGH

For Appellant(s)

Mr. S. K. Bhattacharya,Adv.

Mr. Niraj Bobby Paonam, Adv.

For Respondent(s)

Mr. Anuj Bhandari,Adv.

Ms. Ruchi Kohli,Adv.

UPON hearing the counsel the Court made the following

O R D E R

The appeal is dismissed in terms of signed non-reportable judgment.

I.A. No.3 of 2016 stands disposed of.

Rajni Mukhi

Renu Diwan

SR. P.A.

Assistant Registrar

Signed non-reportable Judgment is placed on the file

Mukesh Nayyar (Naiyar) Vs. Madhu Nayyar (Naiyar) & Ors.

[I.A. No.3 of 2016 in Civil Appeal No. 5123 of 2009]

KURIAN, J.

1. It is informed that the appellant expired on 13.06.2016.

The issue pertains to the divorce granted by the Trial Court which has been set aside by the High Court.

2. Since the appellant is no more, no cause of action survives. Therefore, the appeal is dismissed.

3. However, we make it clear that in case of any surviving grievance with regard to the property or any other things, it will be open to the parties concerned, if aggrieved or interested, to pursue the same in appropriate proceedings.

I.A. No.3 of 2016 stands disposed of.

...................J. (KURIAN JOSEPH)

...................J. (SHIVA KIRTI SINGH)

NEW DELHI;

AUGUST 16, 2016


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