S.Dilshad v. S.Nellavathi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.06.2016

CORAM

THE HON'BLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE and THE HON'BLE MR. JUSTICE R.MAHADEVAN O.S.A.No.121 of 2014 1.S.Dilshad 2.S.Nishad Ahmed 3.S.Humara 4.S.Roshanhara 5.J.Nooma 6.S.Khader 7.S.Shakira 8.M.Shiraz 9.M.Sujath 10.M.Lalila Begum 11.T.Parveen .. Appellants vs 1.S.Neelavathi 2.S.Ravi 3.M.Gomathi 4.P.Anjana Priya 5.The Principal Secretary & Secretary to Government, Fort St. George, Chennai-600 009.

6.The Collector, Chennai District, Chennai-600 001.

7.The Tahsildar, Greenways Road, Raja Annamalaipuram, Chennai-600 028.

8.The Secretary, Tamil Nadu Wakf Board, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai-600 001.

9.S.M.Nazureen Fakri 10.S.M.Kamaludeen 11.S.M.Nizamudeen 12.S.M.Abdul Nazir 13.S.M.Abdul Khader 14.T.Kasturi 15.T.Sugumar 16.T.Manikandan 17.Lakshmi 18.P.Navaneetharaj .. Respondents Appeal filed under Order XXXVI, Rule 9 of Original Side Rules read with Clause 15 of Letters Patent against the order made in Application No.4968 of 2013 in C.S.No.551 of 2013, dated 03.01.2014. For Appellant .. No Appearance For Respondent .. Mr.Ravichandran Sundaresan for R1 to R4 Mr.STS.Moorthy Govt. Pleader for R5 to R7 Mr.V.Lakshminarayanan for R8 Mr.Zafarullah Khan for R12 & R13 * * * * *

JUDGMENT

(Judgment of the Court was delivered by The Hon'ble Chief Justice) Notice was issued in the appeal on 28.04.2014. Service was not complete. On 30.03.2016, none appeared for the appellants. But we deferred adverse orders and required the appellants to ensure service is complete. On 02.06.2016, we found that no steps had been

taken to file Batta nor any affidavit in respect of the private service and thus, last opportunity was granted to comply with the directions, failing which the appeal would stand dismissed for non-prosecution. Still no steps have been taken. We are informed that respondent Nos.16 to 18 also passed away quite some time back and no steps have been taken to implead the legal heirs.

2. In view of the peremptory nature of the order already passed on 02.06.2016, the appeal is dismissed for non-prosecution. No costs.

(S.K.K., CJ.) (R.M.D.,J.) 30.06.2016 Index : Yes/No Internet : Yes/No bbr To The Sub Assistant Registrar, Original Side, High Court, Madras.

The Hon'ble Chief Justice and R.Mahadevan, J.

bbr O.S.A.No.121 of 2014 30.06.2016