Rahmath Bi v. Amina Bi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 15.06.2026 Coram:

THE HON'BLE MR.JUSTICE R.SAKTHIVEL 1.Rahmath Bi 2.Puranuddin Sahib 3.Mahmood Khan 4.Agathar Jan 5.Begum Jan 6.Fathima 7.Rashid Khan ...Appellants

Versus

1.Amina Bi 2.Abida Bi 3.Ithiyas Bi 4.Alimullah Khan 5.Saleema 6.Salimullah Khan 7.Sakila 8.Faritha 9.Karimulla Khan 10.Munni 11.Karamathullah 12.Zubetha 13.K.H.Nasrullah 14.K.H.Shafiullah 15.K.H.Rahmatullah 16.Mrs.Bashirunnisa 17.Mrs.Naseerunnisa

...Respondents

(Cause Title accepted vide Order dated 26.03.1999 in C.M.P.No.4548 of 1999 in S.A.No.1753 of 2003) 1/4

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 passed by the III Additional District Judge in Dharmapuri District Court at Krishnagiri, dismissing the said Appeal and confirming the Judgment and Decree dated 31.12.1985 which had been passed in O.S.No.312 of 1981 by the District Munsif's Court at Krishnagiri.

For Appellants :

No Appearance For Respondent - 1, 2, 3, 4 to 12 & 14 to 17 :

No Appearance For Respondent - 13 :

Died

JUDGMENT

On 02.06.2026, when this Second Appeal was taken up for consideration, there was no representation for the Appellants. Mr.G.Sathish representing Mr.D.Shivakumaran, Counsel on record for the Respondents 4 to 12 reported before this Court that he has no instructions from the Respondents 4 to 12. Therefore, this Court directed the Registry to print the names of the Appellants and Respondents 4 to 12 in the Cause List on the next hearing date and list this Second Appeal on 09.06.2026.

2. Accordingly, on 09.06.2026, this Second Appeal was listed and the names of the Respondents 4 to 12 were printed in the Cause List. However, 2/4

on the said date, there was no representation on behalf of the Appellants and Respondents 4 to 10. Therefore, this Court directed the Registry to print the names of the Appellants 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 Appellants 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.

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R.SAKTHIVEL, J.

mrr 15.06.2026 4/4