Athiya Parveen v. S.M. Abu Saliah,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.12.2023

CORAM

THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN and C.M.P.No.18194 of 2005 1.Athiya parveen 2.Sabiya ... appellants in both second appeals -Vs1.S.M.Abu Saliah (died) 2.Hidhyath Ali 3.Nithyathunnisha 4.S.A.Asraj Ali 5.Askar Ali 6.Jeenathunnisha 7.Ajmal Ali 8.Soukathali 9.S.A.Liyakath Ali 10.Chan Batcha @ Mohammed Ali ... Respondents in S.A.No.1377 of 2010 S.M.Abu Saliah (died) ... Respondent in S.A.No.1378 of 2010 Prayer in both second appeals:- Second Appeals filed under Section 100 of the Civil Procedure Code against the judgment and decree dated

27.12.2004 in A.S.Nos.50 & 51 of 2004, respectively, passed by the learned Principal District Judge, Erode, confirming the judgment and decree dated 09.12.2003 in O.S.Nos.244 of 1993 and 86 of 1996, respectively, passed by the learned Principal Sub Judge, Gobichettipalayam.

For appellants in both : Mr.Naveen Infant second appeals for Mr.M.Roshan Atiq.

For R1 in both second appeals : died For R2, R4 & R5 in S.A.No.1377 of 2005 : No appearance For R3, R6 & R8 to R10 in S.A.No.1377 of 2005 : Given up ***** C O M M O N J U D G M E N T The learned counsel appearing on behalf of the appellants in both second appeals would submit that there is no instruction from the parties and he has made an endorsement to that effect. 2.

In view of the such endorsement, there is no purpose in

keeping these second appeals on file. Hence, these second appeals are dismissed for default. Consequently, connected miscellaneous petition is closed.

20.12.2023.

Internet : Yes Index : Yes/No Speaking order/Non-speaking order apd To

1. The Principal District Judge, Erode.

2. The Principal Sub Judge, Gobichettipalayam.

3. The Section Officer, V.R.Section, High Court, Madras.

C.KUMARAPPAN,J.

apd and C.M.P.No.18194 of 2005 20.12.2023