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Madras High CourtSA/687/2007dismissed as abated

Faritha Begam v. Velur Sri Vaihiyanatha Swamy

2021-07-12Honourable Mr Justice Abdul Quddhose2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.07.2021

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE S.A.NO.687 OF 2007 AND M.P.NO.1 OF 2007

1. Faritha Begam

2. Thajunisa

3. Fathima Jinnah ... Appellants vs.

1. Velur Sri Vaithiyanatha Swamy Devasthanam, Vaitheeswaran Koil represented by its Aadhinakarthar, Sri Shanmuga Desiga Gnanasambanda Paramachariya Swamigal, Dharmapuram Mutt, Dharmapuram, Mayiladuthurai.

2. The Sub-Registrar, Sirkali, Sirkali Town, Nagapattinam District.

3. Mohammed Maideen

4. Thahijudeen

5. Abdul Azeez ... Respondents PRAYER:- The second appeal has been filed under Section 100 of C.P.C against the judgment and decree passed in A.S.No.57 of 2000 dated 15.12.2006 on the file of the Court of the Prncipal Sub-Ordinate Judge, Mayiladuthurai confirming the judgment and decree passed in O.S.No.383 of 1986 dated 21.11.1994 on the file of the Court of District Munsif, Sirkali.

For Appellants : Mr.V.Muthukumar For Respondent No.1 : Mr.B.Jawahar Respondent Nos.2 & 4 : Served No appearance Respondent Nos.3 & 5 : Left India https://hcservices.ecourts.gov.in/hcservices/

JUDGMENT

The learned counsel for the appellants submits that he had sent a letter to the appellants intimating the date of hearing of this second appeal and the said registered letter was returned with an endorsement that the third appellant is dead. He would also submit that till date, the appellants have not given the particulars of the legal representatives of the deceased third appellant.

Since steps have not been taken to bring on record the legal representatives of the deceased third appellant and further the relief sought for by the appellants in the suit cannot be separated, the second appeal is dismissed as abated. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar sms To

1. The Sub-Registrar, Sirkali, Sirkali Town, Nagapattinam District.

2. The Prncipal Sub-Ordinate Judge, Mayiladuthurai.

3. The District Munsif, Sirkali.

S.A.NO.687 OF 2007 AND M.P.NO.1 OF 2007 RK(CO) PBS/04/07/2021 https://hcservices.ecourts.gov.in/hcservices/