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Madras High CourtSA/1820/2002dismissed as abated

Fathia Bi v. Basheer Mohammed

2018-02-05Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.02.2018

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI S.A.No.1820 of 2002 1.Fathima Bi 2.Abdul Hathees 3.Anwar Basha 4.Jalma Beevi 5.Saira Banu ... Appellants(Plaintiffs) Vs.

Basheer Mohammed

...Respondent(Defendants)

PRAYER: The Second Appeal has been filed under Section 100 of C.P.C. against the Judgment and Decree dated 19.07.2002 in A.S.185 of 2001 on the file of Principal District Court, Villupuram dismissing the appeal against the Judgment and Decree dated 28.11.2000 in O.S.No.251 of 1995 on the file of the First Additional District Munsif Court, Ulundurpet. For Appellants :Ms.Usha Raman For Respondent :Mr.D.Bharatha Chakravarthi

J U D G M E N T

The learned counsel for the appellants submits that in order to get instructions, notice was sent to the party and the same returned with a postal endorsement as "party expired". It is seen that the legal representatives of the deceased sole respondent have not come forward to implead themselves in the appeal.

2.In the light of the above, the second appeal is dismissed as abated. No costs.

Sd/- Asst.Registrar (CS IX ) /true copy/ Sub Asst. Registrar https://hcservices.ecourts.gov.in/hcservices/

To.

1.The Principal District Judge Villupuram 2.The First Additional District Munsif Court Ulundurpet 3.The Section Officer, VR Section, High Court, Madras.

+1cc to Mr.D.Bharatha Chakravarthi, Advocate sr.no.8706 S.A.No.1820 of 2002 nm(co) nr 22/02/2018 https://hcservices.ecourts.gov.in/hcservices/