MUKESH NAYYAR (NAIYAR) Vs. MADHU NAYYAR (NAIYAR) & ORS.

Supreme Court of India (Division Bench (DB)- Two Judge)

INTERLOCUTORY APPLICATION, 3 of 2016, Judgment Date: Aug 16, 2016

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)
                                                              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)

                                             ....................J.
                                             (SHIVA KIRTI SINGH)
NEW DELHI;
AUGUST 16, 2016