Final Order 1

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IN THE COURT OF :COURT 62 ADDL SESSIONS JUDGE
Case No. :SUIT/0100130/2020
Padma Gopinnathan Nair Vs Ms. Suvarna Bapu Kamble Nee Suvarna Girish Nair
Date : 19-03-2024
Business : Adv. Pooja Joshi for plaintiff present. None for defendant the
Ld. Counsel for plaintiff/ applicant namely Geeta Gopinathan
Nair moved an application for withdrawal of the
suit/abatement of the suit. It is taken on record and marked as
Exh. 24 she also filed filed vakalatnma for applicant Geeta
t.o.r. marked as Exh.25 It is stated in the application that the
sole plaintiff Smt. Padma Gopinathan Nair passed away on
03rd December, 2023. Copy of death certificate vide
annexture A is annexed to the application. It is further stated
that the applicant Geeta Gopinathan Nair is the daughter of
deceased sole plaintiff Padma and she doesnt want to
prosecute the suit against the defendants. From the perusal of
the plaint averment, it appears that the suit is for recovery of
damages on account of alleged defamation, loss of reputation,
harassment ,etc, which are the personal rights of the plaintiff
and after the death of the sole plaintiff the right to sue doesnt
survive. Hence, the suit will abate on the death of the sole
plaintiff. The applicant Geeta Gopinathan Nair who claimed to
be the daughter of the deceased sole plaintiff, since doesnt
want to prosecute against the defendant, the suit will stand
abated. The application Exh. 24 accordingly is allowed and
the suit disposed of as abated.
Nature of Disposal : ABATED
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