Kamalambal - Died v. Ibrahim,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22-06-2026
CORAM
THE HON'BLE MR.JUSTICE R.SAKTHIVEL and CMP.No.18348 of 2005
1. KAMALAMBAL - died Rep. By Power Agent R.Jayabal.
2. Kumar
3. Mohan
4. Mrs.Rani .. Appellants First Appellant died. Appellants 2 to 4 are the L.R.s' of the deceased 1st Appellant viz., Kamalambal as per the memo dated 14.07.2021 vide Order of Court dated 4.08.2021 made in S.A.No.1394 of 2005 Vs.
1. Ibrahim,
2. Jaffer Hussain (Died)
3. Barkath Biwi,
4. Dowlath Bivi
5. Mohammed Nasser
6. Mohammed Salim
7. Zahir Hussai
8. Megraj Gani .. Respondents 1 to 8/ Respondents/Defendants
9. Rizwana Parveen Respondents 9 and 10 are residing at No.233, R.S.Road, Thiruthuraipoondi Taluk, Thiruvarur 614 713.
2nd Respondent died, Respondents 9 to 12 brought on record as Legal Heirs of the deceased 2nd respondent vide Order of Court dated 21.11.2022 made in CMP.No.15458 of 2022 in S.A.No.1394 of 2005
10.Seikh Dawood 11.Benazir 12.Muhamada Beevi .. Respondent(s) Respondents 11 and 12 are residing at No.37/58, Periyar Nagar, Idayakadu, Mathukoor, Pattukottai Taluk, Thanjavur Prayer: Second Appeal filed under Section 100 of the Code of Civil Procedure, 1908 against the Judgment and Decree dated January 19, 2005 made in A.S.No.49 of 2003 on the file of the Subordinate Court, Tiruvarur, confirming the Judgment and Decree dated June 23, 2003 made in O.S.No.516 of 1991 on the file of the District Munsif, Thiruthuraipoondi. For Appellants : Mr.S.Elayaraja For R1, R3 and R5 : No Residence For R4, R7, R8 to R11 : No Appearance For R2 : Died ( Steps taken) For R6 : Not living in this address For R12 : Tapal not yet returned
JUDGMENT
This Second Appeal has been filed against Judgment and Decree dated January 19, 2005 made in A.S.No.49 of 2003 on the file of the Subordinate Court, Tiruvarur, confirming the Judgment and Decree dated June 23, 2003 made in O.S.No.516 of 1991 on the file of the District Munsif, Thiruthuraipoondi.
2. Mr.S.Elayaraja Counsel for the Appellants is before this Court.
3. There is no representation for the respondents 4, 7, 8 to 11.
4. Mr.S.Elayaraja, Counsel for the Appellants seeks permission of this Court to withdraw the Second Appeal and he has also made an endorsement to that effect, in the case file and a scanned reproduction of the same is as follows:
R.SAKTHIVEL, J.
KKD
5. In view of the endorsement made by the learned Counsel for the appellants, this Second Appeal is dismissed as withdrawn. Consequently, connected Civil Miscellaneous Petition is closed. Considering the facts and circumstances of the case, there shall be no order as to costs. 22-06-2026 KKD To
1. The Subordinate Court, Tiruvarur,
2. The District Munsif Court, Thiruthuraipoondi.