Madras High CourtAS(MD)/151/2008abated

Manickam v. Sabira Begam

2022-06-06Honourable Mr Justice P. Velmurugan2 pages

A.S(MD)No.151 of 2008 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.06.2022

CORAM:

THE HONOURABLE MR.JUSTICE P.VELMURUGAN A.S(MD)No.151 of 2008 Manickam ... 8th defendant/Appellant .Vs.

1.Sabira Begam 2.Kuraisabegam 3.Sahar Banu 4.Rabiyathul Bashiria 5.Saithani Begum 6.Syed Niamathullah ...Plaintiffs 1 to 6/Respondents Fathima Bivi (died) 7.Mohamed Arif 8.Zahir Hussain 9.Roja @ Sirajunisa 10.Hasina Begum 11.Sahira Banu 12.Sunaitha Begum ...Defendants 2 to 7/Respondents PRAYER: Appeal Suit filed under Section 96 of Civil Procedure Code, to set aside the judgment and decree passed in O.S.No.111 of 2004, dated 31.10.2007 on the file of the I Additional District Judge, Fast Track No.I, Thanjavur.

For Appellant : Mr.R.Giridharan For R1 to R6 : Mr.V.K.Vijayaraghavan

JUDGMENT

************ Sole appellant died in the year 2015 itself. Even though the plaintiff filed an appeal in A.S.(MD)No.8 of 2009 in which, he has taken the steps in the year 2015, whereas, in the appeal in A.S. (MD)No.151 of 2008 the appellant has not taken any steps to bring on record the legal representative of the deceased sole appellant. Once the sole appellant died, if steps have not taken within 90 days, the https://hcservices.ecourts.gov.in/hcservices/ 1/2

A.S(MD)No.151 of 2008 appeal will be dismissed as abated automatically. Hence, this appeal is dismissed as abated. No costs.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) am To 1.The I Additional District Judge, Fast Track No.I, Thanjavur.

2.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

A.S(MD)No.151 of 2008 06.06.2022 RK(13/06/2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2