Jagarabi v. V.A.Mohamed Yusuf

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.03.2026

CORAM

THE HONOURABLE MR.JUSTICE R.SAKTHIVEL in S.A.No. 993 of 2004 ---- 1.Jagarabi (Died) 2.Bibijohn (Died) 3.Halimabi 4.Balkis Banu (Died) 5.Mohammed Ahamed 6.Mohammed Yusuf 7.Abdul Aziz 8.Abdul Kalam 9.Haseena 10.Raziabegum (Died) 11.Faridabegum 12.Irfan 13.Eliyas 14.Farzhana

...Petitioners/Appellants 1 to 14

15.Syed Daffiq 16.Najima

...Petitioners/Proposed Appellants 15&16

[in all three petitions]

Versus

1.V.A. Mohamed Yusuf (Died) 2.V.A.Mohamed Ibrahim (Died) 3.Fathima Beevi 4.Mohamed Asik 5.Mohamed Ghouse

...Respondents

6.Salia Beevi 7.Abdul Wahab 8.Sadiq

...Respondents/

Proposed Respondents 6 to 8 [in all three petitions] 1/3

Prayers:

CMP.No. 23126 of 2023: is filed under Section 5 of the Limitation Act, praying to condone the delay of 424 days seeking to set aside the abatement caused by the death of the 10th appellant in the above second appeal. CMP.No. 23132 of 2023: is filed under Order XXII Rule 3 of the Code of Civil Procedure, 1908, praying to bring on record the appellants 15 & 16 herein who are the legal representatives of the deceased 10th appellant in the above second appeal as Appellants 15 & 16 in the above second appeal. CMP.No. 23133 of 2023: is filed under Order XXII Rule 9 of the Code of Civil Procedure, 1908, praying to set aside the abatement caused by the death of the 10th appellant in the above second appeal.

For Petitioners :

Mrs.Nilaphar For Mrs.R.Meenal --- COMMON ORDER Mrs.Nilaphar, representing Mrs.R.Meenal, learned Counsel on record for the petitioners is before this Court.

2.Heard the learned Counsel appearing for the petitioners. 3.Upon being satisfied with the reasons stated in the affidavit filed in support of these petitions, these petitions are ordered accordingly. 4.The appellants shall file a proper batta memo to the newly impleaded respondents within five working days from today. 05.03.2026 2/3 MSM Note: Registry is directed to carry out necessary amendment in the main appeal and list the matter on .03.2026.

2/3

R.SAKTHIVEL, J MSM in S.A.No. 993 of 2004 05.03.2026 3/3