ITEM NO.5 COURT NO.9 SECTION XV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS I.A. 3/2016 in Civil Appeal No. 5123/2009 MUKESH NAYYAR (NAIYAR) Appellant(s) VERSUS MADHU NAYYAR (NAIYAR) & ORS. Respondent(s) (for directions and office report) 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) Page 1 NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION I.A. NO.3 OF 2016 IN CIVIL APPEAL NO. 5123 OF 2009 MUKESH NAYYAR (NAIYAR) APPELLANT VERSUS MADHU NAYYAR (NAIYAR) & ORS. RESPONDENTS J U D G M E N T 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) NEW DELHI; AUGUST 16, 2016 . J.
(SHIVA KIRTI SINGH) Page 2