Imithiaz v. Ameena Bi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 15.06.2026 Coram:

THE HON'BLE MR.JUSTICE R.SAKTHIVEL 1.Imithiaz 2.Alimullah Khan 3.Saleema 4.Kalimullah Khan 5.Shakeela 6.Farida 7.Karimullah Khan 8.Munni 9.Karamathulla Khan 10.Subedha ...Appellants

Versus

1.Ameena Bi 2.Walima Bi 3.Abida Bi 4.Rahmath Bi 5.Purannuddin Sahib 1/4

6.Mohammed Khan 7.Akhtar Jan 8.Begum Jan 9.Fathima 10.Rasheed Khan

...Respondents

Prayer: This Second Appeal has been filed under Section 100 of C.P.C against the Judgment and Decree dated 30.04.1996 in A.S.No.43 of 1987 on the file of the III Additional District Judge, Dharmapuri at Krishnagiri confirming the Judgment and Decree dated 31.12.1985 in O.S.No.312 of 1981 on the file of the District Munsif Court, Krishnagiri. For Appellants :

No Appearance For Respondents - 1, 3 & 4 to 10 :

No Appearance For Respondent - 2 :

Died

JUDGMENT

On 02.06.2026, when this Second Appeal was taken up for consideration, Mr.G.Sathish representing Mr.D.Shivakumaran, Counsel on record for the Appellants reported before this Court that he has no instructions from the Appellants. Therefore, this Court directed the Registry to print the names of the Appellants in the Cause List on the next hearing date and list this Second Appeal on 09.06.2026. 2/4

2. Accordingly, on 09.06.2026, this Second Appeal was listed and the names of the Appellants were printed in the Cause List. However, on the said date, there was no representation on behalf of the Appellants as well as the Respondents 4 to 10. Therefore, this Court directed the Registry to print the names of the Respondents 4 to 10 and their Counsel on record in the Cause List on the next hearing date i.e., on 15.06.2026.

3. Today, this Second Appeal has been listed and the names of the Respondents 4 to 10 and their Counsel on record have been printed in the Cause List. Even today, when the matter is called, there is no representation on behalf of the Appellants. The Appellants are called absent. Hence, this Second Appeal is dismissed for non-prosecution. No costs. 15.06.2026 mrr Index: Yes/No To 1.III Additional District Judge, Dharmapuri District Court, Krishnagiri.

2.District Munsif Court, Krishnagiri.

3/4

R.SAKTHIVEL, J.

mrr 15.06.2026 4/4