Shoba v. Sirajudeen

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.06.2025

CORAM:

THE HON'BLE MR JUSTICE K.K. RAMAKRISHNAN A.S.(MD)No.101 of 2012 Shoba ... Appellant/Plaintiff Vs.

1.Sirajudeen 2.Sarbudeen (Died) 3.Asik Rasool represented by his Power Agent K.M.Mansoor ... Respondents 1 to 3/Defendants 1 to 3 4.Nainar Sithikka Beevi 5.Amjathkhan 6.Arsathkhan 7.Asmathkhan 8.Ajeethkhan 9.Roseena Banu 10.Fathima Farzana ... Respondents (R4 to R10 were brought on record as Lrs of the deceased 2nd respondent vide Court Order dated 18.04.2023 made in C.M.P.(MD).No.11083 to 11085 of 2017) Prayer: The Appeal Suit has been filed under Section 96 and Order 41 Rule 1 of Civil Procedure Code, to set aside the Judgment and Decree passed in O.S.No.30 of 2008 on 10.08.2012 on the file of the learned Additional District Judge, Ramanathapuram.

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For Appellant : Mr.S.A.Ajmal Khan For R1 : Mr.P.Pethu Rajesh For R3 : Mr.M.Mohamed Ibram For R4 to R10 : No Appearance

ORDER

When the matter is taken up for hearing, learned counsel appearing for the appellant filed a memo stating that the appellant died. So they sent a notice to the appellant's address for taking further steps. But, her legal heirs are not communicated him to prosecute the appeal. In view of the above, this appeal is dismissed for default. No costs. 12.06.2025 NCC :yes/No Index :yes/No Internet:yes/No TM To The Additional District Judge, Ramanathapuram. 2/3

K.K. RAMAKRISHNAN , J.

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