In the High Court of Judicature at Madras Dated 13.04.2007 Coram The Honourable Mr.Justice S.R.SINGHARAVELU Appeal Suit No.77 of 1998 H.Vasanthi ..Appellant/ Plaintiff ..vs.. 1. H.Madhava Rao 2. H.Prakash Rao 3. A.Santha ..Respondents/ Defendants Appeal Suit filed U/s 96 CPC against the judgment and decree dated 08.08.1997 passed in O.S.No.746 of 1996 on the file of VIII Additional Judge, City Civil Court, Madras. For Appellant : Mr.S.Rajasekar For Respondents: Mr.D.T.Janardhanam for M/s.Sampath Kumar Associates for R3 JUDGMENT This appeal arises against the judgment dated 08.08.1997 by the learned VIII Additional Judge, City Civil Court, Madras, in O.S.No.746 of 1996, in dismissing the suit. 2. Plaintiff is the appellant, who has filed the suit for partition in order to paralyse defendants 1 and 2 in obliging the direction given in A.S.No.165 of 1984 to execute a sale deed in favour of 3rd defendant as per the agreement dated 18.07.1974. Plaintiff wants defendants 1 and 2 not to execute and contends that she is entitled for a share. Rights will flow only from defendants 1 and 2 to the 3rd defendant. Unless such flow of right is there, there is no right in favour of 3rd defendant. Thus, the main contestants are defendants 1 and 2. But they are not served. According to the office note, second batta due for respondents 1 and 2 / defendants 1 and 2 has not been paid by the appellant / plaintiff. https://hcservices.ecourts.gov.in/hcservices/ 3. Learned counsel for appellant/plaintiff submitted that the appeal cannot be dismissed against 3rd defendant/ 3rd respondent), upon whom notice was served. But 3rd defendant is not the main rival. 3rd defendant's claim comes only under defendants 1 and 2, who are the main rivals. 4. As second batta has not been paid to respondents 1 and 2 / defendants 1 and 2 and since the matter is posted for dismissal today, the appeal is dismissed for non-prosecution. No costs. Sd/- Asst. Registrar. /true copy/ Sub Asst. Registrar. gl To 1. The VIII Additional Judge, City Civil Court, Madras. 2.The Registrar, City Civil Court, Madras. 3.The Section Officer, V.R. Section, High Court, Madras. 1 cc to M/s. Sampathkumar, Associates, Sr. 24223 Appeal Suit No.77 of 1998 NSM(CO) kk 20/4 https://hcservices.ecourts.gov.in/hcservices/