Madras High CourtAS(MD)/1/2009disposed of

Mohamed Noohu Haji(Died) v. Mohideen Buhari Fathimal(Died)

2026-04-09Honourable Mr Justice G.R.Swaminathan,Honourable Ms.Justice R. Poornima6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 09.04.2026

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MS.JUSTICE R.POORNIMA 1.Mohamed Noohu Haji (died) 2.Syed Ahamed Fathima 3.Halima Beevi 4.Muthu Ayisha Beevi (died) 5.Rafiya ... Appellants / Defendants 1, 3-5, 7-21 6.Kathijathul Kupra 7.Multhajim 8.Sheik Noordin (died) 9.Iliyas Nowpher 10.Kabir Haji (died) 11.Syed Ahmaed Fathima 12.Noorul Iyen 1/6

13.Mohamed Ali ... Appellants / Defendants 1, 3-5, 7-21 14.Sheik Noordin 15.Muthu Fathima 16.M.A.C.Mohamed Ali 17.M.A.Moharama 18.M.Muthu Mohaideen Fathima 19.M.A.Syed Ali Fathima ... Appellants / Defendants 1, 3-5, 7-21 20.B.S.Ojeedha Beevi 21.M.N.Syed Ahamed Fathima 22.M.N.Sheik Noordin 23.M.N.Amminathil Suhariya 24.M.N.Sowdha Begum 25.Mohammed Ismail Buhari 26.Fathima Razeena 27.Ahamed Fathima 28.Sultan Abdul Kader 29.Muthu Ahamed Fathima 30.Abubakkar 2/6

31.Shek Abdul Cader Hamthoom ... Appellants (Appellants 30 & 31 / LRs of the deceased 10th appellant are suo motu impleaded as per order of this Court dated 07.04.2025 made in C.M.P.(MD)No.5131 of 2022 in A.S.(MD)No.1 of 2009 by GRSJ & MJRJ) Vs.

Mohideen Buhari Fathimal (died) ... Respondent / Plaintiff 2.Syed Ahamed 3.Hussain Noorudeen 4.Mohamed Sarjoon 5.Muthu Aminath Fathima ... Respondents (Respondents 2 to 5 are brought on record as LRs of the deceased sole respondent vide order dated 07.04.2025 made in C.M.P.(MD)Nos.3339, 3342 & 3343 of 2025 in A.S.(MD)No.1 of 2009 by GRSJ & MJRJ) PRAYER: Appeal Suit filed under Section 96 of the Civil Procedure Code praying this Court to set aside the Judgment and decree of the learned Additional District Judge / Fast Track Court No.1, Tuticorin, dated 22.04.2008 made in O.S.No.89 of 2004 and allow this appeal. For Appellants : Mr.I.Abdul Basith & Mr.A.Sheik Nasurdeen 3/6

For Respondents : Mr.M.Mohamed Ibram Saibu

JUDGMENT

(By G.R.SWAMINATHAN, J.) The appellants herein challenged the preliminary decree dated 22.04.2008 made in O.S.No.89 of 2004 on the file of the Additional District Court, FTC No.1, Thoothukudi.

2. The parties are present before us. The parties have been individually identified by the following counsels:- "Mr.M.Mohamed Ibram Saibu Mr.I.Abdul Basith Mr.A.Sheik Nasurdeen"

The parties clarified that they have amicably settled all their outstanding differences between them and that they have agreed to share the property in the terms as set out in the compromise memo dated 28.12.2025. The impugned Judgment is modified. It shall form part and parcel of the decree.

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3. The Appeal Suit is disposed of in terms of the compromise memo.

(G.R.S., J.) (R.P., J.) 09.04.2026 Index : Yes / No Internet : Yes / No NCC : Yes / No rmi To The Additional District Judge / Fast Track Court No.1, Tuticorin. 5/6

G.R.SWAMINATHAN, J.

AND R.POORNIMA, J.

rmi 09.04.2026 6/6